How does Muslim law address issues related to inheritance in India?

Answer By law4u team

In India, Muslim law, which is governed by the Muslim Personal Law (Shariat) Application Act, 1937, regulates inheritance matters for Muslims. Here are some key provisions related to inheritance in Muslim law: The Quranic shares: The Quranic shares or the Faraidh are the fixed shares of the estate that are determined by the Quran and apply to all Muslim heirs, regardless of their gender or age. The Faraidh are calculated based on the number and relationship of the heirs, and they are meant to ensure that each heir receives a fair and just share of the estate. Classifications of heirs: Muslim law recognizes three classifications of heirs – sharers, residuaries and distant kindred. Sharers are those who are entitled to receive a share of the estate as per the Faraidh, while residuaries inherit the remainder of the estate after the sharers have received their shares. Distant kindred inherit only in the absence of sharers and residuaries. Exclusion of certain heirs: Muslim law excludes certain heirs from inheriting, such as those who are not Muslim, those who have murdered the deceased, and those who have been disowned by the deceased. Will: Muslim law allows the deceased to make a will to dispose of a portion of their estate, provided that it does not exceed one-third of the estate and does not prejudice the rights of the heirs. It is important to note that the application and interpretation of Muslim law can vary among different schools of jurisprudence and regions in India. Therefore, it is advisable to consult with a qualified Islamic scholar or lawyer for specific advice on inheritance matters under Muslim law.

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