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    Inheritence Under Islamic Law (Agnatic and Uterine Heirs)

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    Arpit
    The document discusses inheritance under Islamic law, specifically focusing on agnatic and uterine heirs. It notes that Islamic law of inheritance differs from Hindu law in its lack of concepts like inheritance by birth or self-acquired vs ancestral property. It also notes two broad versions of inheritance - one treating the Quran as amendments to custom, the other as entirely new law. Both prioritize Quranic heirs but differ on remaining heirs, with one dividing them into agnatic and cognatic heirs and the other grouping them together. The project will focus on the Hanafi school's treatment of agnatic and uterine heirs.

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    Inheritence Under Islamic Law (Agnatic and Uterine Heirs)

    Uploaded by

    Arpit
    102 views3 pages
    The document discusses inheritance under Islamic law, specifically focusing on agnatic and uterine heirs. It notes that Islamic law of inheritance differs from Hindu law in its lack of concepts like inheritance by birth or self-acquired vs ancestral property. It also notes two broad versions of inheritance - one treating the Quran as amendments to custom, the other as entirely new law. Both prioritize Quranic heirs but differ on remaining heirs, with one dividing them into agnatic and cognatic heirs and the other grouping them together. The project will focus on the Hanafi school's treatment of agnatic and uterine heirs.

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    FAMILY LAW-SYNOPSIS.docx

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    The document discusses inheritance under Islamic law, specifically focusing on agnatic and uterine heirs. It notes that Islamic law of inheritance differs from Hindu law in its lack of concepts like inheritance by birth or self-acquired vs ancestral property. It also notes two broad versions of inheritance - one treating the Quran as amendments to custom, the other as entirely new law. Both prioritize Quranic heirs but differ on remaining heirs, with one dividing them into agnatic and cognatic heirs and the other grouping them together. The project will focus on the Hanafi school's treatment of agnatic and uterine heirs.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    102 views3 pages

    Inheritence Under Islamic Law (Agnatic and Uterine Heirs)

    Uploaded by

    Arpit
    The document discusses inheritance under Islamic law, specifically focusing on agnatic and uterine heirs. It notes that Islamic law of inheritance differs from Hindu law in its lack of concepts like inheritance by birth or self-acquired vs ancestral property. It also notes two broad versions of inheritance - one treating the Quran as amendments to custom, the other as entirely new law. Both prioritize Quranic heirs but differ on remaining heirs, with one dividing them into agnatic and cognatic heirs and the other grouping them together. The project will focus on the Hanafi school's treatment of agnatic and uterine heirs.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    INHERITENCE UNDER ISLAMIC LAW

    (AGNATIC AND UTERINE HEIRS)

    INTRODUCTION

    The Muslim law of property and succession is different from other parallel systems in India. The
    concepts such as right by birth as is found in Hindu law or even the concepts of self-acquired and
    ancestral properties are absent in the Islamic law. Furthermore, the concept of a joint or
    undivided family also has no place in Islamic law.

    The Muslim law of inheritance has two broad versions. These versions are mainly based on the
    holy Quran, which has extensive provisions on inheritance. They are similar yet different to each
    other. One version was evolved by treating the Quranic verses on inheritance as amendments to
    the pre-existing customary law, while the other was evolved on the basis that the same Quranic
    verses were the foundation of an altogether new law. Both the versions gave top priority to the
    heirs whose specific shares are mentioned in the Quran. These heirs are popularly known as the
    Quranic heirs (zaw-il-faraez). According to one of the versions, the remaining heirs are divided
    into-

    a. Asabat or agnates; and


    b. Zaw-il-arham or cognates.

    This version gives preference to the agnates over the cognates. The other version puts all the
    remaining heirs together and has a different basis of classifying them. The first version has been
    put to practice mainly by the Hanafi school of Muslim law. The other version, mainly followed
    in India, has been adopted by the Isna Ashari school of Muslim law.

    Since this project is mainly confined to agnatic and uterine heirs under Islamic law who are
    mainly covered under the Sunni law (or the Hanafi school of Muslim law), it will confine its
    study to the Hanafi system of inheritance in order to substantially elucidate the topic.
    RESEARCH QUESTION
    What is the distinction between the different types of heirs under Islamic law and what is the
    basis for such classification?

    STATEMENT OF PROBLEM
    This project covers the general rules of inheritance in Islamic law while strictly confining itself
    to the concept of agnatic and uterine heirs.

    OBJECTIVES
    1. To understand the concept of inheritance under Islamic law.
    2. To understand the classification of heirs into Quranic heirs, Agnatic heirs and Uterine
    heirs.
    3. To understand the rights of the different heirs under the different systems of inheritance
    under Islamic law.

    RESEARCH METHODOLOGY
    The research method used in this research work is Doctrinal which involves study of doctrines
    and pre-existing work on inheritence in Muslim law.

    TENTATIVE CHAPTERISATION
    1. Introduction
    2. The concept of inheritance under Islamic law.
    a. Shia law
    b. Hanafi system
    3. Agnatic heirs and uterine heirs under Islamic law.
    4. Rights of agnatic heirs.
    5. Rights of uterine heirs.
    6. Precedents on agnatic and uterine heirs.
    7. Conclusion.

    TENTATIVE BIBLIOGRAPHY

    1. Tahir Mahmood
    2. The Muslim Law of India, Third Edition, LexisNexis Butterworths.

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