Details of Inheritance in Islamic Law
Inheritance is considered as an integral part of Shariah Law and its application in Islamic society is a mandatory. Muslims inherit from one another as stated in the Qur'an. Hence, there is a legal share for relatives of the decedent in his estate and property. The major rules of inheritance are detailed in Qur'an, Hadith and Fiqh.
When a Muslim dies there are four duties which need to be performed. They are:
- Pay funeral and burial expenses.
- Pay debts.
- Execute the testamentary will of the deceased (which can only be a maximum of one third of the property).
- Distribute the remainder of estate and property to the relatives of the deceased according to Shariah Law.
Therefore, it is necessary to determine the relatives of the deceased who are entitled to inherit, and their shares.
These laws take greater prominence in Islam because of the restriction placed on the testator (a person who makes a will). Islamic law places two restrictions on the testator:
- To whom he or she can bequeath his or her wealth.
- The amount that he or she can bequeath (which must not exceed one third of the overall wealth).
Read more about this topic: Islamic Inheritance Jurisprudence
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