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Information Hub/Succession Planning/Succession Planning And Will
Muslim Succession Laws
Published : 16 Aug 24, 00:00
The devolution of inheritance for Muslims is governed under Muslim Personal laws based on the Islamic customary laws taken from their primary source, The Holy Quran. The Muslim Succession Laws are handled as per the Muslim Shariat Act, 1937.
Under the Sharia law, the entire assets of the deceased must be transferred or shared among his legal heirs. Apart from this, when a person dies there are certain obligations that had to be undertaken from his assets left behind, they are:
- Basic expenses relating to the funeral such as transportation cost to cemetery, grave digger’s wage.
- Repayment of his outstanding debt
- Fulfilment of his Will: Provided the Will does not exceed 1/3rd of the entire estate and it’s not in favour of an heir. If any or both these conditions are not satisfied, the validity of the Will is subject to approval of all the heirs. In the failure of the above conditions, the Will is considered void.
- The remaining estate after fulfilling the above three conditions are then inherited by the rightful heirs.
The Sharia law recognises that when it comes to succession the husband and wife are equally entitled to the inheritance from their spouse. But, if the woman gets married to her husband during his illness, and the marriage has not been consummated, in the event of her husband’s death due to the illness, the widow is not entitled to the inheritance of her spouse.
On the basis of the belief and customs followed, there are two sects of Muslims: Sunni and Shia Muslims. The difference in the following of quranic principles also creates a difference in the rules of inheritance.
Rules of Inheritance under Sunni Law of Inheritance
The heirs are classified into two categories: Principal Class of heirs and Subsidiary Class of heirs.
The principal class of heirs include:
1. Quranic heirs: The Quranic heirs or the sharers are entitled to a certain share in the deceased person’s property.
2. Residuaries: They receive the remaining share of the property that is left after the sharers have taken their part.
3. Distant Kindred
Subsidiary class of heirs include:
1. Successor by contract
2. Acknowledges kinsman
3. Sole legatee
4. Escheat
Quranic Heirs
There are 12 Quranic sharers:
1. Husband
2. Wife
3. Daughter
4. Son’s daughter
5. Father
6. Paternal Grandfather
7. Mother
8. Grandmother in the male line
9. Full Sister
10. Consanguine sibling
11. Uterine sisters
12. Uterine brothers
Residuaries:
Residuaries by themselves: They are those heirs that inherit the whole estate when they are the only heirs but in the presence of other heirs, they become the residue.
They are:
1. Son
2. Grandson/his descendant
3. Father
4. Grandfather/his ascendant
5. Full brother
6. Consanguine brother
7. Full brother’s son or his descendant
8. Consanguine brother’s son or his descendant
9. Full paternal uncle
10. Half paternal uncle
11. Full paternal uncle’s son or his descendant
12. Half paternal uncle’s son or his descendant
Residuaries by another: When they are the only heir, they receive 1/2 or 2/3 share, but in the presence of certain heirs, they share the residue with them.
They are:
1. Daughter
2. Granddaughter through son
3. Full sister
4. Consanguine sister
Residuaries with another: They receive the residue after some certain heirs (different from those particular heirs that comes under the residuaries by another) have gotten their shares of the estate.
They are:
1. Full sister/Consanguine sister
2. In the presence of daughter(s)/granddaughter(s) or both, full sister or consanguine sister will abandon her share of 1/2 or 2/3 to become the residuary.
The share received by each sharer differs in certain circumstances depending upon the presence of another sharer. The share received by each sharer differs in certain circumstances depending upon the presence of another sharer. There are 12. 15 sharers are identified under the Quranic sharers out of which the 12 sharers are non-excluded and the remaining shares are considered as the non-exclusive or the sharers determined by the presence of another heir.
Share Pattern:
| Sl. No. | Particulars | Succession Pattern | Share Pattern |
| 1. | HUSBAND (The share of H/W depends upon son, daughter, male descendants& female descendants) * |
| 1/2 1/4 |
| 2. | WIFE (The share of H/W depends upon son, daughter, male descendants& female descendants) * |
| 1/4 1/8 |
| 3 | FATHER |
| Entire property of the deceased 1/6 1/6 + Residue |
| 4 | MOTHER (Share depends on son(s), daughter(s), male descendant(s), female descendant(s), full/consanguine/uterine brother/sister) * |
| 1/3 1/6 |
| 5 | PATERNAL GRANDFATHER |
[Presence of grandfather does not exclude full or consanguine brother(s) or sister(s)] | Entire property of the deceased
1/6 1/6 + Residue |
| 6 | GRANDMOTHER (In the absence of mother; paternal/maternal or both if alive would take together) |
| 1/6 1/6 shared equally |
| 7 | FULL BROTHER (Son, Grandson/his descendants, father excludes him from inheriting) * |
| Inherits the whole estate.
Residue |
| 8 | FULL SISTER |
| Inherits the whole estate 2/3 shared equally Residue |
| 9 | SON |
| Entire property of deceased father or mother
The remaining share after deducting the share of other heirs. Assets shared equally |
| 10 | DAUGHTER |
| 1/2 2/3 {the remaining half or 1/3 estate would be shared among the heirs by using the doctrine of radd.) or the residue should be given to the cognates (mother or female line) or non-heirs} |
| 11 | SON(S) and DAUGHTER(S) |
| 2:1 2:1 |
| 12 | GRANDSON(S) and GRANDDAUGHTER(S) | Same pattern as succession of son, daughter and son-daughter combined | |
| 13 | DAUGHTER(S) and GRANDDAUGHTER(S)
(maximum share of daughters / granddaughters or combination of daughter and granddaughters is 2/3) |
| Daughters – 2/3
Granddaughters – residue of 2/3 shared equally 1/2; 1/6 1/2; 1/6 (shared equally) 2/3; nil |
| 14 | DAUGHTER(S) and GRANDSON(S (Grandsons takes the residue after the daughter(s) and if other heirs present their share is also deducted) |
| 1/2; Remaining residue 1/2 (in the absence of other heirs) 1/2; Remaining residue shared equally 2/3; Remaining residue 2/3 shared proportionately; remaining reside shared equally |
| 15 | DAUGHTER(S), GRANDSON(S) and GRANDDAUGHTER(S) |
| 1/2; residue 2:1 2/3; residue 2:1 |
| 16 | SON(S) and GRANDCHILDREN | A son excludes all grandchildren | A son excludes all grandchildren |
Rules of Inheritance under Shia Law of Inheritance:
The heirs classified under Shia law of inheritances are as follows:
Principle Class of Heirs:
1. Heirs by marriage or Husband and Wife: The husband or Wife is never excluded from succession, he or she inherits along with the nearest heirs by blood relations or Heirs by consanguinity.
2. Heirs by consanguinity or Blood relations:
(a) Class I:
i. Parents
ii. Children
iii. Grand Children
iv. Remote lineal descendants of the deceased.
(b) Class II
i. Grand Parents
ii. Brothers and Sisters and their descendants
(c) Class III
i. Paternal and Maternal uncles and aunts of the deceased
Difference between Sunni and Shia Law of Inheritance
The difference between the Sunni and Shia law of inheritance can be explained by considering the following scenario:
When a person dies leaving him surviving three grandsons by a predeceased son and two grandsons by another predeceased sons,
Under the Sunni law: All the five grandsons will inherit the property in equal shares each taking 1/5th share, i.e., Per Capita distribution.
Under the Shia law: The three children of one predeceased son take 1/2 and other 1/2 goes to the two children of the predeceased son, i.e., Per Stirpes distribution.
