Muslim Law Property Rights

The legatee`s consent to accept the wasiyat is important before ownership is transferred to him. If he does not want to accept it, the will is invalid. The question of whether the legatee has jurisdiction is also examined. The legatee may be a minor, a follower of another faith or even mentally handicapped – this does not deprive him of being a beneficiary. In this article, we will focus on the property rights of Muslim women. To do this, we also need to understand some of the most important features of inheritance and inheritance arrangements among Muslims. After your death, your parents, spouse and children will be the main beneficiaries of your Fara`id. In most cases, these people are the only recipients of your property. When it comes to adhering to Islamic law for the distribution of property, you must first understand how the Quran represents wealth. The Qur`an declares that wealth does not belong to anyone.

Instead, it belongs to Allah, for He has dominion over everything on earth. This statement is emphasized in various parts of the Qur`an. Even if a mother inherits property from a relationship, she becomes the absolute owner of her share and can dispose of it as she pleases. She cannot transfer more than one-third of her property, and if her husband is the sole heir, she can give two-thirds of the assets of her will. At Islamic Wills, we are here to help you understand what the Quran says about the distribution of wealth and property and help you create your estate plan in a manner consistent with Islamic law. A will is called a “wasiyat” and can be made for the benefit of anyone, but it must not transfer more than a third of the testator`s property. In addition, the consent of legal heirs would be taken into account. Heredity only after death: For Muslims, the hereditary factor occurs only after a person`s death. No one may inherit the property of a person who is still alive. Muslim law does not recognize the “birthright” that exists in Hindu law.

Secular laws prescribe the division of property, unless you draw up an estate plan that states your contrary intention. Contact Islamic Wills USA today to ensure your property distribution is Sharia compliant. Types of heirs: There are two types of heirs: heirs or partners and reliquaries (beneficiaries of the remaining share of property). Sharers include husband, wife, daughter, daughter of a son (or son of a son or son of a son), father, paternal grandfather, mother, grandmother on the men`s side, full sister, physiotherapist sister, uterine sister, and brother of the womb. Matters of inheritance of property are governed by Sharia law. Unlike Western culture, where a person can freely renounce his property as he pleases, Islamic law governs who can receive your wealth and in what proportions. By establishing these rules, we avoid being victims of subjectivity and favoritism. Men and women are equal in inheritance law and there is no preferential treatment.

However, men`s share of ownership is twice as high as that of women. It is understood that women receive more at marriage (money or property given by the groom during marriage). She is also supported by her husband, while her brother is completely dependent on ancestral property and therefore his share is halved. Each religion practiced in India is subject to its own personal laws – which include property rights. However, Muslims in the country have no codified property rights and are largely subject to one of two schools of Muslim personal law – Hanafi and Shia. While the Hanafi school recognizes as heirs only parents whose relationship with the deceased is through a man. These include the son`s daughter, the father`s son and mother. The Shia school, on the other hand, does not advocate such discrimination. This means that heirs who are related to the deceased by a woman are also accepted. Recently, a public interest lawsuit was filed seeking a change in Muslim personal inheritance law, alleging that Muslim women are discriminated against in terms of property sharing compared to their male counterparts. The surplus does not belong to the parents or guardians of a married woman and therefore cannot be inherited from others. A husband can give a property entirely to his wife as an extra.

The house or its monetary value is therefore the exclusive property of the woman. If the surplus is not provided by the man, the woman may even refuse marital obligations or even refuse to live together. A Muslim cannot give more than one-third of his total wealth in his will. In cases where there are no heirs in the estate, as required by law, the wife may inherit a higher amount by will. For the most part, Islam does not prevent its followers from giving gifts for life. You can give a gift to whomever you want, even a non-Muslim or someone who is not otherwise entitled under Islamic inheritance laws. You can also structure the gifts you spend as part of your estate plan. However, you cannot make gifts with the intention of interfering with someone`s inheritance tax or harming others.

If the widow has children and grandchildren, her share of the property is one-eighth of the deceased husband`s property. If there is more than one woman, this proportion may fall to one-sixteenth. Allah has assigned a certain formula for heredity in the Qur`an. Even if you want to donate all your property to charity, you can only do so after your death with the consent of all heirs. The Fara`id (Mirath) portion of your property must otherwise go to its rightful heirs. The child of a Muslim woman in her womb is a legitimate heir to the property if he is born alive, as he is considered a living being. However, if the child is not born alive in the womb, the share is null and void and it is assumed that there has never been an heir. The petition claimed that a simple review of the law shows that a woman should receive 1/8 of her husband`s property upon his death if she has children.