Learn Inheritance in Islamic law

Learn Inheritance in Islamic law - The Law of Inheritance...

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The Law of Inheritance in Islam FEMALE HEIRS A statement attributed to the prophet Mohamed says "learn the laws of inheritance and teach them to the people for they are one-half of useful knowledge." The manner in which Islamic inheritance is made is prescribed by the law in rigid and uncompromising terms. The power of the deceased to dispose of his property by will is recognized but basically restricted to one-third of his net assets. The transmission of property by way of bequest, or in accordance with the wishes of the deceased is of secondary importance and the central core of the system of succession is formed by the compulsory rules of inheritance designed for the material benefit of the family group. The existence of different schools of law and the further variations which have been introduced into the traditional legal practice of a given area under the recent process of reform, modern Islamic law, when viewed on a world-wide basis therefore, is an extremely complex and variegated phenomenon. The factional shares in estate which are the entitlement of certain relatives are dealt with as an arithmetical discipline by applying particular techniques and methods of exposition adopted by the traditional Arabic authorities, and place an unnecessary strain upon the powers of comprehension of the common woman or even a modern lawyers." Such an example is: 1) Families as grounds of inheritance Marriage: spouse relict in succession law. Capacity of women Only in Hanafi and Shia law, has an adult woman the legal capacity to contract her own marriage guardian must conclude the contract on her behalf and any marriage contract without his intervention, in person or through his agent, is a complete nullity. This is a quite separate issue from that of whether or not the bride's consent to the marriage is necessary. This latter question is determined by the extent of the guardian's power over his ward. All schools recognize, in principle, that a power of 'matrimonial constraint' termed ijbar, is vested in a marriage guardian, who may validly contract his ward in marriage at his discretion and regardless of the ward's wishes in the matter. In Hanafi law the right belongs first to male agnate relatives in accordance with a system of priorities broadly parallel to that of priorities in inheritance -father, paternal grandfather followed by the agnatic brothers, nephews, uncles and cousins and failing them to females and non-agnate relatives. The ward may repudiate the marriage on attaining puberty. 1
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Modern reforms In registration of marriage as a necessary legal formality in most muslim countries. In Pakistan and Tunisia, the effect of procedural regulation is to deny judicial relief to the parties to an unregistered marriage which is disputed, and this may result in an inability to establish a claim of inheritance as a spouse relict. Marriageable age In Egypt for example, a law of 1923 provided that a marriage where the
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This note was uploaded on 06/20/2011 for the course ECON NgocAnhNo1 taught by Professor Ngocanhno1 during the Spring '11 term at Université de Genève.

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Learn Inheritance in Islamic law - The Law of Inheritance...

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