Inheritance Under Hanafi Law
INHERITANCE UNDER HANAFI LAW
CONTENTS
AKNOWLEDGEMENT……………………………………………………..2 RESEARCH METHODOLOGY……………………………………………3
CONTENTS………………………………………………………………….4
I.
INTRODUCTION…………………………………………………………...5 GENERAL PRINCIPLES ………………………………………………….6 a. UNDER HANAFI LAW
II.
III.
DEFINITION………………………………………………………………..8 INHERITANCE UNDER …………………………………………………10 a. HANAFI LAW
IV.
V.
CONCLUSION…………………………………………………………….26
VI.
BIBLIOGRAPHY………………………………………………………….27
4|Page
I.
INTRODUCTION.
The law of succession in India falls within the realm of personal law. Due to this, we have so many different succession laws, each purporting to reflect the diverse and differing aspirations, customs, and mores of the community to which the statute in question applies.
The Muslim law of inheritance is a superstructure constructed on the foundation of pre-Islamic customary law of succession. Since under Muslim law all properties devolve by succession, the right of heir-apparent does not come into existence till the death of the ancestor. Succession opens only on the death of the ancestor, and then alone the property vests in, the heirs.
As far as Muslims are concerned, the law of succession falls into two broad streams, the Shia law of succession and the Hanafi law of succession(Sunnis). Both these laws of succession form part of the common law of India and are recognized as having the force of law by virtue of the Sharia't Laws (Application) Act. The Muslim law of succession is derived from the Sharia. The primary source of the Muslim law of succession flows from the Holy Koran. Apart from those issues which are directly addressed in the Holy Book, there are the Ijmas, the Sunnas, and the Qiyas, from all of which rules pertaining to succession can be gleaned.
Under the hanafi law, the general rule of distribution of the estate is per capita and not per stripes. This is not only confined to descendants but is also applied to ascendants.
5|Page
II.
THE HANAFI LAW: general principles
CONTENTS
AKNOWLEDGEMENT……………………………………………………..2 RESEARCH METHODOLOGY……………………………………………3
CONTENTS………………………………………………………………….4
I.
INTRODUCTION…………………………………………………………...5 GENERAL PRINCIPLES ………………………………………………….6 a. UNDER HANAFI LAW
II.
III.
DEFINITION………………………………………………………………..8 INHERITANCE UNDER …………………………………………………10 a. HANAFI LAW
IV.
V.
CONCLUSION…………………………………………………………….26
VI.
BIBLIOGRAPHY………………………………………………………….27
4|Page
I.
INTRODUCTION.
The law of succession in India falls within the realm of personal law. Due to this, we have so many different succession laws, each purporting to reflect the diverse and differing aspirations, customs, and mores of the community to which the statute in question applies.
The Muslim law of inheritance is a superstructure constructed on the foundation of pre-Islamic customary law of succession. Since under Muslim law all properties devolve by succession, the right of heir-apparent does not come into existence till the death of the ancestor. Succession opens only on the death of the ancestor, and then alone the property vests in, the heirs.
As far as Muslims are concerned, the law of succession falls into two broad streams, the Shia law of succession and the Hanafi law of succession(Sunnis). Both these laws of succession form part of the common law of India and are recognized as having the force of law by virtue of the Sharia't Laws (Application) Act. The Muslim law of succession is derived from the Sharia. The primary source of the Muslim law of succession flows from the Holy Koran. Apart from those issues which are directly addressed in the Holy Book, there are the Ijmas, the Sunnas, and the Qiyas, from all of which rules pertaining to succession can be gleaned.
Under the hanafi law, the general rule of distribution of the estate is per capita and not per stripes. This is not only confined to descendants but is also applied to ascendants.
5|Page
II.
THE HANAFI LAW: general principles
Bibliography: Diwan, Paras, Family Law, Allahabad Law Agency, Mathura, Eight edition, 2003. Rao, Bhagiratha, Marriage laws and Family Courts Act, Asia Law House, Hyderabad, Seventh Edition, 2007. Kusum, Family Law Lectures, Family Law I, Lexis Nexis Butterworths, Nagpur, Second Edition. 2008 Rao, Subba, Family Law In India, S.Gogia and Company, Hyderabad, Ninth Edition, 2007. Family Law: Hindus, Muslims, Christians, Parsis and Jews ,Paras Diwan and Peeyushi Diwan. Reprint. Faridabad, Allahabad Law Agency, 2005. Outlines of Muhammadan Law, Asaf A.A. Fyzee, Oxford University Press ,Mar 2008 , 1st ed. The Hanafi Law of Intestate Succession: A Simplified Approach, by Lucy Carroll © 1983 Cambrid 27 | P a g e