Inheritance Under Muslim Law:
Inheritance refers to the devolution of property on heirs upon the death of the owner. The term Inheritance is also called Succession. In Bangladesh there is no common inheritance law for all. Inheritance of property is governed by a Person’s religion. In this article we have discussed about only the Inheritance under Muslim Law.
The Sources of Muslim Law of Inheritance:
There are mainly Four sources of Muslim Law of Inheritance. Such as:
- The Holy Quran
- The Sunna
- The Ijma
- The Qiyas
Classification of Sharers:
Under the Sunni Law of succession the heirs or sharers are divided into 03 classes. Such as:
- Sharers
- Residuaries
- Distant Kindred
The Sharers or heirs are 12 in number and are as follows:
- (1) Husband
- (2) Wife
- (3) Daughter
- (4) Daughter of a son (or son’s son or son’s son and so on),
- (5) Father,
- (6) Paternal Grandfather,
- (7) Mother,
- (8) Grandmother on the male line,
- (9) Full sister
- (10) Consanguine sister
- (11) Uterine sister, and
- (12) Uterine brother.
The heirs or sharers are entitled to a definite fractional share from the property of the deceased. Their entitlements vary under different situations which are discussed below.
Allotment of Shares
1.Father: The share of Father can be varies on 03 different situations. Such as:
- 1/6 (When there is a Son or Son’s Son h.l.s )
- 1/6 + Residuary (When there is No Son or Son’s Son h.l.s)
- Residuary (When there is no Child of the deceased)
2. Paternal Grandfather:
- Father excludes Grandfather from the Property.
- When there is no Father then Paternal Grandfather shall be entitled as Father.
3. Daughter: The share of Daughter can be varies on 03 different situations. Such as:
- 1/2 (When there is no son and only One Daughter)
- 2/3 (When there is no son and more than One Daughter)
- With the Son, Daughter becomes Residuary and entitles 2:1 with Son.
4. Son’s Daughter:
- Son, more than One Daughter excludes Son’s Daughter.
- 1/6 (When there is only One Daughter )
- 1/2 (When there is no other Heirs)
5. Husband:
- 1/4 (When there is children)
- 1/2 (When there is no children)
- Never exclude by any one.
6. Wife:
- 1/8 (When there is children)
- 1/4 (When there is no children)
7. Mother:
- 1/6 (When there is Children, Son’s Children or more than one Brother and Sister)
- 1/3 (When there is no Children, Son’s Children or more than one Brother and Sister)
8. Grandmother:
- Mother excludes Grandmother.
- Father excludes Grandmother.
- 1/6 (Whether One Grandmother or more)
9. Sister:
- Son, Son’s Son, Father, Grandfather excludes Sister.
- Residuary (when there is Daughter, Son’s Daughter)
- Residuary with Brother and 2:1 with brother
- 1/2 (When there is only one sister and there is other no heirs)
- 2/3 (When there is more than one sister and there is other no heirs)
10. Consanguine sister:
- 1/2 (When there is only one Consanguine Sister)
- 2/3 (When there is more than one Consanguine Sister)
- 1/6 (When Consanguine Sister with Full Sister)
- Son, Son’s Son, Father, Grandfather excludes Consanguine Sister.
- Residuary (When there is Daughter or Son’s Daughter)
- Residuary with Consanguine Brother and 2:1 with Brother
11 & 12. Uterine Sister & Uterine Brother:
- 1/2 (When there is only one Uterine Sister or Brother)
- 1/3 (When there is more than one Uterine Sister & Brother)
- Children, Children’s Children, Father, Grandfather excludes Uterine Sister and Brother.
