Islamic Law = Pre Islamic custom + Rules Introduced by the Prophet

Pre Islamic law customs and usages occupy a preeminent position in

the Muslim System

Muslim inheritance = Quran + Customs in Arab tribes

Quran gives specific shares to certain individuals

Pre Islamic customary law deals with the residue thus left and
distributes it among the agnatic heirs and filing them to the uterine
heirs
 The nearest male agnate or agnates
succeeded to the entire estate
Females and cognates were excluded
Descendants were preferred to
ascendants and ascendants to
collaterals.
When the agnates were equally
distant to the deceased, the estate
was divided per capita.
According to the
pre Islamic
customary law
The husband or wife
The females as well as cognates
Parents and ascendants are given a
right to inherit even when there are
male descendants
The share of female is one half of
the corresponding male relations
share
Reforms made
by Prophet of
Islam
 1. Agnates: A relation who is related to the
deceased, wholly through males
Sons son / Sons sons son
Sons daughter / Sons sons daughter
Fathers father / Fathers mother/ Fathers
Fathers father/ Fathers Fathers mother
Brother / Brothers Daughter / Brothers Son
2. Cognates: A relation who is related to the deceased
through one or more females
Daughters daughter / Mothers Mother
Daughters Son Mothers father
Daughters daughters Fathers mothers
Daughter mother
Daughters daughters Mothers sister
Son Mothers brother
Daughters sons Mothers brothers
dauther daughter
Daughters sons Son Mothers brothers son
A cognate may also be a descendants, ascendant or collateral
3. Descendants: Offspring of the deceased up to
any degree of descent
Sons and daughters immediate descendants
Children and grandchildren of sons and daughters are
the also descendants
4. Ascendants: Ascendants means ancestors
Father and mother are immediate ascendants
Fathers father and fathers mother
Mothers father and mothers mother
5. Collaterals: Descendants in parallel
line
Consanguine brothers and sisters
Uterine brothers and sisters
Paternal uncles and paternal ants and their
children
Maternal uncles and maternal ants and their
children
 True grandfather False grandfather
A male ascendant however A male ascendant however
distant, between whom distant, between whom
and the deceased no female and the deceased a female
intervenes. intervenes.
Fathers father Mothers father
Fathers fathers father Mothers fathers fathers
Fathers fathers fathers Mothers mothers father
father Fathers mothers father
Fathers fathers mothers
father
 True grandmother False grandmother
A female ascendant however A female ascendant however
distant between whom and distant between whom and
the deceased no false the deceased a false
grandfather intervenes. grandfather intervenes.
Fathers mother Mothers fathers mother
Fathers mothers mother Fathers mothers father
Fathers fathers mother Mothers mothers father
Mothers mother
Mothers mothers mother
 Deduction of certain charges
1. Funeral expenses
2. Expenses of obtaining orders from the court
3. Wages of personal services to the deceased
4. Debts
5. Legacies
Movable and immovable property (No difference)
Ancestral and self acquired property(No difference)
No presumption as to joint family property
When Inheritance opens?
1. Rule of representation
Per Stirpes : persons entitled to inherit (Shia)
Per capita: the share of any given person (Sunni)
2. Rule of Exclusion
1. Homicide
2. Illegitimacy
3. Slavery
4. Difference of religion
5. Estoppel in succession
6. Doctrine of exclusion
7. Exclusion of daughters
3. Rule of Primogeniture
4. Rule of vested inheritance
1. Vesting of inheritance
2. Distribution of inheritance
5. Rule of Spes Succession
Who are entitled to inherit?
Sharers
Residuaries
Distant Kindered