Coventional inheritance
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- 5. All the modern jurists have admired that it is ideally perfect and complete system ever. According to Rumsey; ‘The Mohamedan law of inheritance comprise beyond question the most refined and elaborated system of rules for the devolution of property that is known to the civilized world.’ 5 1/10/2016
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- 7. 1. Quranic Sharer 2. Residuary 3. Distant kinder 7 1/10/2016
- 8. Sharers 1 Husband 2 Wife 3 Father 4 Mother 5 Daughter 6 Son’s daughter 7 True grandfather 8 True grandmother 9 Full sister 10 Consanguine sister 11 Uterine sister 12 Uterine brother 8 1/10/2016
- 9. Residuaries Residuaries 1 Son 9 Full brother’s son 1.1 Daughter 10 Consanguine brother’s son 2 Son’s son 11 Full brother’s son’s son 2.1 Son’s daughter 12 Consanguine brother’s son’s son 3 Father 13 Father’s full brother 4 Father’s father 14 Father’s consanguine brother 5 Full brother 15 Father’s full brother’s son 6 Full sister 16 Father’s consanguine brother’s son 7 Consanguine brother 17 Father’s full brother’s son’s son 8 Consanguine sister 18 Father’s consanguine brother’s son’s son 9 1/10/2016
- 10. The distant kinder are all those relations by blood who are neither Sharers nor Residuaries. If there be no Sharers or Residuaries, the inheritance is divided among Distant kinder. 10 1/10/2016
- 11. 1. Son 2. Daughter 3. Husband 4. Wife 5. Father 6. Mother 11 1/10/2016
- 12. 1. Son has no Quranic share 2. Son always get as residuary 3. Son always get double of the daughter as 2:1 as residuary 4. Son cannot be excluded by anyone 5. Son excludes everyone except Father, father’s Father, Mother, Daughter, Husband or Wife, father’s Mother and, mother’s Mother 12 1/10/2016
- 13. 1. Daughter has Quranic share and these are ½ and 2/3 2. In absence of son, Daughter gets ½ when the number of daughter is one 3. When the number of daughter is more than one but no son they collectively gets 2/3 4. In presence of son daughter gets share as residuary ( Rule of Tosib ) 5. Daughter cannot be excluded by anyone 13 1/10/2016
- 14. 1. Father has three types of shares- as only sharer, as only residuary and, both sharer and residuary 2. Father has Quranic share and it is 1/6 3. In presence of son or son’s son (H.L.S) father gets share as only sharer 4. In absence of son, son’s son (H.L.S) or son’s daughter (H.L.S) father gets share only as residuary 5. In absence of son but presence of daughter father gets share as both sharer and residuary 14 1/10/2016
- 15. 6. No one exclude father 7. Father exclude everyone except Son, son’s Son (H.L.S), Daughter, son’s Daughter (H.L.S), Mother, mother’s Mother and, Husband and Wife 8. Doctrine of Omariatan 15 1/10/2016
- 16. 1. Husband has Quranic share and these are ½ and ¼ 2. In presence of son, daughter, son’s son (H.L.S), or son’s daughter (H.L.S)- Husband gets ¼ as sharer 3. In absence of son, daughter, son’s son (H.L.S), or son’s daughter (H.L.S)- Husband gets ¼ as sharer 4. No one exclude Husband 5. Husband cannot exclude anyone 6. Exception: Husband cannot participate in “Doctrine of Radd” 16 1/10/2016
- 17. 1. Wife has Quranic share and these are ¼ and 1/8 2. In presence of son, daughter, son’s son (H.L.S), or son’s daughter (H.L.S)- Wife gets1/8 as sharer 3. In absence of son, daughter, son’s son (H.L.S), or son’s daughter (H.L.S)- Wife gets ¼ as sharer 4. If the number of wife is more than one they collectively get equal share 5. Wife cannot participate in “Doctrine of Radd” 6. No one exclude Wife and Wife is not excluded by any one 17 1/10/2016
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