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Najeeb T S   30 January 2019

Muslim personel law

My wife is a muslim under hanafi. My wifes father is deceased. my wife is only child of her parents.under hanafi muslim personal law, What share she gets of her fathers property.


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 6 Replies

Suhail suhail (LAWYER)     31 January 2019

If there is no will and the property is not ansestral, 1/8th will go to your wife's mother and 1/2 from the balance will to your wife rest to the uncles of your wife.

Najeeb T S   31 January 2019

A lawyer told me that, the above said partition is applicable in sunni, but in hanafi the full property belongs to the single daughter, is it correct

Suhail suhail (LAWYER)     31 January 2019

Nothing like that,This is as per Muslim Personal Law, and i don't know how come Hanafi is not Sunni.

Najeeb T S   31 January 2019

Sunni, hanafi are differant madgabs

Suhail suhail (LAWYER)     31 January 2019

My dear ;

Application of Personal Law to Muslims

Notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of Personal Law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in cases where the parties are Muslims shall be the Muslim Personal law (Shariat)

 

IF HANAFIA ARE NOT MUSLIMS THEN THIS LAW DOES NOT APPLY TO THEM...

P. Venu (Advocate)     01 February 2019

The Hanafi school is one of the four religious Sunni Islamic schools of jurisprudence. 


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