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Introduction to the Law of Inheritance under Muslim Law
Islamic inheritance laws are based on principles set forth in the Quran, emphasizing a structured distribution of assets among heirs. Unlike other systems, Islamic law does not support co-tenancy; instead, successors inherit as tenants-in-common, with defined shares rather than joint ownership. Upon a Muslim's death, their property passes directly to specified heirs rather than remaining in a family arrangement, as noted in the Abdul Raheem v. Land Acquisition Officer[1], which clarified that joint family structures are not recognized in Islamic inheritance.
Inheritance under Islamic law is not a birthright; only surviving heirs are entitled to inherit. A posthumously born child may inherit if born alive, but rights are forfeited if the child is stillborn. Both male and female heirs have rights, although women generally receive half of what male counterparts do due to differing financial responsibilities within the family. Islamic law designates sharers (Quranic heirs) and residuaries (traditional heirs) as two primary classes of successors. This system, established by the Quran, broadened inheritance rights to include previously excluded individuals. However, interpretations vary slightly between Sunni and Shia sects, leading to some differences in how inheritance is distributed.