A, a Sunni, has a son S and a grandson G by S.S. negligently cause the death of A. Can S succeed in the estate of A? Would it make any difference if the parties were governed by the Shia Law?
Find the question and answer of Muslim Law only on Legal Bites.
Question: A, a Sunni, has a son S and a grandson G by S.S. negligently cause the death of A. Can S succeed in the estate of A? Would it make any difference if the parties were governed by the Shia Law? [DJS 1989]Find the question and answer of Muslim Law only on Legal Bites. [A, a Sunni, has a son S and a grandson G by S.S. negligently cause the death of A. Can S succeed in the estate of A? Would it make any difference if the parties were governed by the Shia Law?]AnswerAccording to the...
Question: A, a Sunni, has a son S and a grandson G by S.S. negligently cause the death of A. Can S succeed in the estate of A? Would it make any difference if the parties were governed by the Shia Law? [DJS 1989]
Find the question and answer of Muslim Law only on Legal Bites. [A, a Sunni, has a son S and a grandson G by S.S. negligently cause the death of A. Can S succeed in the estate of A? Would it make any difference if the parties were governed by the Shia Law?]
Answer
According to the Muslim Law of inheritance -
(a) Every person and
(b) every child in the womb provided it is born alive, is entitled to inherit unless there is a specific rule of exclusion. According to Mulla, the right of an heir (apparent or presumptive) comes into existence for the first time on the death of the ancestor. He is not entitled until then to any interest in the property, to which he would succeed as an heir if he survived the ancestor.
Rule of Exclusion
The exclusion from inheritance may be of two kinds -
(a) Imperfect exclusion
(b) Perfect exclusion
The legal causes for the perfect exclusion from inheritance - They are mainly -
(1) Difference in Religion
(2) Homicide
(3) Slavery
(4) Illegitimacy
Talking specifically about homicide as a reason for exclusion from inheritance, the Mulsim rule of law states that any person (Muslim) who causes the death of another is intentionally or unintentionally excluded perfectly from inheritance in the property of the deceased as Hanafi Law. Shi'aties (Ishra-Ashiri) however, exclude only those who intentionally commit the Homicide of others. Therefore, in a Sunni law of inheritance, homicide as a result of negligence or intentionally done, both are the cause to oust the sharer from the inheritance. So, S cannot succeed in the estate of A.
On the other hand, in Shia Law of Inheritance, only intentionally committed homicide is considered the perfect legal cause for exclusion from inheritance. Thus, S can succeed in the estate of A.
Mayank Shekhar
Mayank is an alumnus of the prestigious Faculty of Law, Delhi University. Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars.
