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Hindu Succession Act, 1956
Parliament of India
hide Long title An Act to amend and codify the law relating to intestate succession among Hindus.
Citation	Act 30 of 1956
Enacted by	Parliament of India
Enacted	17 June 1956
Amended by
The Hindu Succession (Amendment) Act, 2005
Status: Amended

The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend and codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. The Act lays down a uniform and comprehensive system of inheritance and succession into one Act.
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What is the Islamic law of inheritance for only daughter?

Al Quraan 4(11) states that ‘Allah commands you as regards your children’s (inheritance); to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two thirds of the inheritance ; if only one, her share is half.
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What is the hanafi law of inheritance?

Under the Hanafi School, an illegitimate child is not entitled to inherit. Such a child cannot inherit from his/her father but can inherit from his/her mother and all relatives of the mother. The mother can also inherit the property of her illegitimate children.
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What is the property distribution for daughter in Islam?

That means the heirs of the predeceased son or daughter cannot claim a share. RIGHTS OF WOMEN IN PROPERTY: Muslim law does not create any distinction between the rights of men and women. However, the quantum of share of female heir is half of that of the male heirs.
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What are the classification of heirs under hanafi school?

Hanafi Law of inheritance classifies the heirs into three major categories in the order of succession namely, the Quranic Heirs, the Agnates or the Residuaries, and the Uterine Heirs.
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Do daughters get inheritance?

Can daughters claim father’s property after marriage? – The HSA was amended in 2005 and it gave equal rights to the daughter in terms of property. Prior to the Hindu Succession Amendment Act 2005, sons enjoyed rights over the deceased father’s property, whereas daughters could do so only till she was unmarried.

It was understood that after marriage, a woman attaches herself to the husband’s family and therefore, has rights in another Hindu Undivided Family (HUF) altogether. Now, married and unmarried daughters have the same rights on their father’s property as their brothers. They are also entitled to equal duties and liabilities as their brothers.

In 2005, it was also ruled that a daughter has the same rights, provided that both, father and daughter, were alive on September 9, 2005. In 2018, the SC stated that a daughter can inherit her deceased father’s property no matter whether the father was alive on this date or not.
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What is the law of inheritance in order?

What Is The Order Of Inheritance Succession? – To reiterate, inheritance succession varies from state to state. Each state maintains its own laws governing the distribution of property left behind by those who died without leaving a valid will. Most states have similar laws, although some will vary more than others.

Most states adhere to the Uniform Probate Code, or ” UPC,” The UPC is a set of model laws which have been drafted and reviewed by a group of national experts. These laws are intended to specifically address issues associated with wills, trusts, and estates. The intention of the UPC is streamlining the probate process, which makes estate and probate administration more simple and less expensive across the board.

Several states have adopted the UPC in an attempt to standardize estate administration across state lines. According to the UPC, close relatives always come first in the order of inheritance. Generally speaking, the surviving spouse is first in line to inherit, with children and grandchildren next in line.

Grandchildren; The decedent’s parents; The decedent’s siblings; The decedent’s nieces and nephews; The decedent’s grandparents; and The decedent’s aunts, uncles, and cousins.

Adopted children are treated the same as biological children for inheritance purposes, while stepchildren and foster children are not. Biological children of the deceased who were given up for adoption may not inherit.
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Do daughters get inheritance in Islam?

Children (sons and daughters) – Under Islamic law, daughters typically inherit half of the share of the son. There are several reasons for this. Most importantly, the law represents her right to inheritance.
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What is the Islamic rule on inheritance?

How is the Estate divided? – As stated earlier, the two third share of the Deceased’s estate that is subject to Shari’a inheritance rules will differ depending on which Islamic sect the Deceased belonged to. Most commonly, it will be distributed in accordance with a hierarchy of three classes of heirs:

1. First class often referred to as the Quranic Heirs or Sharers; and
2. The remaining two classes are the residuary Heirs.

There are six heirs who will always inherit if they survive the Deceased and these are, husband/wife, son, daughter, father and mother. The first group are entitled to specific shares, but they cannot all inherit at the same time and some may exclude others:

• A husband is entitled to half his deceased wife’s estate if she has no children. If she has children, he is entitled to a quarter share.
• A wife is entitled to a quarter share of her deceased husband’s estate if she has no children. If she has children, she is entitled to one eighth.
• Sons usually inherit twice as much as their sisters when one of their parents dies.

In the absence of children, the grandchildren or remoter issue would inherit although the daughter’s children are unlikely to inherit even if the daughter has died. The second group includes grandparents and siblings. In the absence of siblings, nephews and nieces inherit.

The third group includes paternal and maternal aunts and uncles and their descendants. Specific rules govern half brothers and sisters and step parents. Half-brothers and sisters only inherit if there are no full brothers or sisters alive at the date of death. Lastly, adopted children are not considered as the couple’s own and therefore are not within the primary heirs but the deceased can leave them a bequest from the one third of his/her estate over which he has testamentary freedom.

He can also give them lifetime gifts. The remaining one third share provides some degree of testamentary freedom. Having said this, this distribution must also comply with Shari’a. A further important factor to consider is, it is generally accepted that a non-Muslim, even if he is a Follower of the Book cannot inherit from a Muslim although non-Muslims who are Christians or Jews (i.e.
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What is Hiba under Hanafi law?

Kinds of Gifts –

1. Hiba-il-iwaz
2. Hiba ba Shart ul Iwaz

Under Islamic law, Hiba means gift and iwaz means consideration. Hiba-il-iwaz thus means, the gift for the consideration already given. Under all the laws, there is no system where there is a consideration for the gift. But under Muslim law, there is a system of gift with an exchange.

• Firstly, there must be a complete and valid gift made by the donor to the donee. If the gift made is not according to the rule of Muslim law then it is no gift.
• Secondly, there must be a payment consideration made by the donee. In the case of, the facts were that the father gave one-third of his property to his eldest son in return of Rs.10,000 but the consideration was never paid. It was held that the quantum of consideration is not important, the only thing important is that the consideration must be bona fide.

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What is the hanafi school of law?

A. Hanafi School – Hanafi School is the first and the most popular schools in Muslim law. Before being named Hanafi, this school was known as Koofa School which was based on the name of the city of Koofa in Iraq. Later, this school was renamed as Hanafi School based on the name of its founder Abu Hanafee.

• The Prophet had not allowed his words and traditions from being written, the Hanafi School relied on the customs and decisions of the Muslim community.
• Thus, Hanafi School codified the precedent which in prevalence during that time among the Muslim community.
• The founder of this school Abu Hanafee had not written any book for laying down the rules of this school and therefore this school had grown through his two disciples- Imam Muhammed and Imam Abu Yousuf.

Both of them gave to the Juristic preference (Isthi Hasan) and codified the Ijma’s of that period. This school became widely spread in various territories, as a result, the majority of Muslims in countries such as India, Pakistan, Syria, and Turkey belong to Hanafi School.

In India, since the majority of Muslims are from Hanafi School, the Courts decide the case of a Sunni Muslim as per the Hanafi School unless it is specified that they belong to other schools. In Hanafi School, Hedaya is the most important and authoritative book which was created over a period of 13 years by Ali bin Abu Baker al Marghinani.

This book provides laws on various aspects except for the law of inheritance. Lord Warren Hasting tries to translate the Hedaya to English. He appointed many Muslim Scholars to translate the book. But the Sirajiyya is considered as the authoritative book of the Hanafi Law of Inheritance.
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What is Hiba in Islamic law?

Translation of Sahih Muslim, Book 12: INTRODUCTION A Hiba is defined as the transfer of the possession of property, movable and immovable, from one person to the other willingly and without any reward. The one who makes this transfer is known as donor (Wahib), and the thing transferred is known as Mauhubah, and the one who is donated is known as Mauhub lahu (donee).

1. The other words used in the language of the Shar’i’ah are Nihla or ‘Atiyya.
2. The act of Hiba is not complete unless the donor surrenders the possession of the thing donated.
3. Moreover, the declaration of donation should be in clear terms without any ambiguity (around them).
4. This act of donation is based on the following hadith of the Holy Prophet (may peace be upon him): “Give presents to one another for this would increase your mutual love.” This not only implies the legality of gifts, but the exhortation to give these to one another.

There is perfect agreement amongst all the jurists that Hiba is valid in Islam. The act of donation can be made verbally or in writing by any person capable of making a contract. A gift by a person involved in debt is invalid, and gift in death illness cannot take effect beyond one-third of the assets of the deceased after defraying all necessary expenses.

1. The donation can be made to a living person and not to one who is dead.
2. The Shari’ah imposes certain restrictions on the property which is to be donated.
3. In the first place, the property must be in existence at the time when the gift is given; hence the gift of oil in the sesame or of butter in the milk would not be valid.

The property once given as a gift cannot be revoked except in some extraordinary circumstances. The father is entitled to get back the donation given by him from his children if be finds it contrary to the laws and spirit of the Shari’ah. The right to revoke a gift is called Raj’.

• This act of revocation can be done with the decree of a competent court.
• Chapter 1 :DISAPPROVAL OF BEUYING THE DONATED PROPERTY BY THE DONOR HIMSELF Book 12, Number 3949: Umar b.
• Hattab (Allah be pleased with him) reported: I donated a pedigree horse in the path of Allah.
• Its possesser made it languish.

I thought that he would sell it at a cheap price. I asked Allah’s Menengsr (may peace be upon him) about it, whereupon he said: Don’t buy it and do not get back your charity, for one who gets back the charity is like a dog who swallows its vomit. This hadith has been narrated on the authority of Malik b.

Anas with the same chain of transmitters but with this addition: “Don’t buy that even if he gives you for one dirham.” Book 12, Number 3950: Zaid b. Aslam reported on the authority of his father that ‘Umar (Allah be pleased with him) donated a horse in the path of Allah. He found that it had languished in the hand of its possessor, and he was a man of meagre resources He (Hadrat ‘Umar) intended to buy it.

He came to Allah’s Messenger (may peace be upon him) and made a mention of that to him, whereupon he said: Don’t buy that even if you get it for a dirham for he who gets back the charity is like a dog which swallows its vomit. Book 12, Number 3951: This hadith has been narrated on the authority of Zaid b.

1. Aslam with the same chain of transmitters but with this (change) that the hadith transmitted on the authority of Malik and Rauh (he was the son of Qisirn) is more complete and lengthy.
2. Book 12, Number 3952: Ibn ‘Umar reported that ‘Umar b.
3. Al-Khattib (Allah be pleased with him) donated a horse in the path of Allah and (later on) he found it being sold, and he decided to buy that.

He asked the Messenger of Allah (may peace be upon him) about it. whereupon he (the Holy prophet) said: Don’t buy that and do not get back what you gave in charity. Book 12, Number 3953: This hadith has been narrated on the authority of Ibn Umar through another chain of transmitters.

Book 12, Number 3954: Salim reported from Ibn Umar (Allah be pleased with them) that ‘Umar donated a horse in the path of Allah and then found it being sold, and he decided to buy that. He asked Allah’s Apostle (may peace be upon him) about it, whereupon Allah’s Messenger (may peace be upon him) said: Umar, do not get back what you gave as charity.

Book 12, Number 3955: Ibn ‘Abbas (Allah be pleased with them) reported Allah’s Apostle (may peace be upon him) having said this: He who gets back his charity is like a dog which vomit, and then returns to that and eats it. Book 12, Number 3956: A hadith like this is reported on the authority of Muhammad son of Fatima (Allah be pleased with her) daughter of Allah’s Messenger (may peace be upon him).

Book 12, Number 3957: Ibn Abbas (Allah be pleased with them) reported: I heard Allah’s Messenger (may peace be upon him) say: The similitude of one who gives a charity and then gets it back is like that of a dog which vomits and then eats its vomit. Book 12, Number 3958: Ibn Abbas (Allah be pleased with them) reported Allah’s Apostle (may peace be upon him) as saying: One who gets back the gift is like one who eats vomit.

Book 12, Number3959 : This hadith has been narrated on the authority of Qatada with the same chain of transmitters. Book 12, Number 3960: Abdullah b. Tawus reported on the authority of his father who reported from Ibn Abas(Allah be pleased with them) who reported from Allah’s Messenger ‘may peace be upon him) that he said: One who gets back his gift is like a dog which vomits and then swallows that vomit.

Chapter 2 : DISAPPROVAL OF GIVING PREFERENCE TO SOME CHILDREN WHILE MAKING DONATION Book 12, Number 3961: Nu’man b. Bashir reported that his father brought him to Allah’s Messenger (may peace be upon him) and said: I have donated this slave of mine to my son. Allah’s Messenger (may peace be upon him) said: Have you donated to every one of your sons (a slave) like this? He said: No.

Thereupon Allah’s Messenger (may peace he upon him) said: Then take him back. Book 12, Number 3962: Nu’man b. Bashir reported: My father brought me to Allah’s Messenger (may peace be upon him) and said: I have donated this slave to my son. whereupon he said: Have you made (such) donation to every one or your sons? He said: No.

1. Thereupon he (the-Holy Prophet) said: Then take him back.
2. Book 12, Number 3963: This hadith has been narrated on the authority of Zubri with different chains of transmitters and a slight variation of words.
3. Book 12, Number 3964: Nu’man b.
4. Bashir reported that his father had donated a slave to him.
5. Allah’s Apostle (may peace he upon him) said: Who is this slave (how have you come to possess it)? Thereupon he (Nu’man b.

Bashir) said: My father has donated it to me, whereupon he said: Have all brothers (of yours) been given this gift as given to you? He said: No. Thereupon he (the Holy Prophet) said: Then return him. Book 12, Number 3965: Nu’man b. Bashir reported: My father donated to me some of his property.

1. My mother Amra bint Rawaha said: I shall not be pleased (with this act) until you make Allah’s Messenger (may peace be upon him) a witness to it.
2. My father went to Allah’s Apostle (may peace be upon him) in order to make him the witness of the donation given to me.
3. Allah’s Messenger (may peace be upon him) said to him: Have you done the same with every son of yours? He said: No.

Thereupon he (the Holy Prophet) said: Fear Allah, and observe equity in case of your children. My father returned and got back the gift. Book 12, Number 3966: Nu’man b. Bashir reported that his mother bint Rawaha asked his (Nu’man’s) father about donating some gifts from his property to his son.

He deferred the matter by one year, and then set forth to do that. She (Nu’man’s mother) said : I shall not be pleased unless you call Allah’s Messenger (may peace be upon him) as witness to what you confer as a gift on your son. (Nu’man said): So father took hold of my hand and I was at that time a boy, and came to Allah’s Messenger (may peace be upon him).

and said: Allah’s Messenger, the mother of this son (of mine), daughter of Rawaha wishes that I should call you witness to what I confer as gift to her son. Allah’s Messenger (may pease be upon him) said: Bashir, have you any other son besides this (son of yours)? He said : Yes.

He (the Holy Prophet) said : Have you given gifts to all of them like this? He said: No. Thereupon he (the Holy Prophet) said: Then call me not as witness, for I cannot be witness to an injustice. Book 12, Number 3967: Nu’man b. Bashir, reported that Allah’s Messenger (may peace be upon him) had said: Have you, besides him, other sons? He said: Yes.

Thereupon he (the Holy Prophet) said: Have you given gifts to all of them like this (as you have given to Nu’man)? He said: No. Thereupon he (the Holy Prophet) said: I cannot bear witness to an injustice. Book 12, Number 3968: Nu’man b. Bashir (Allah be pleased with them) reported that Allah’s Messenger (may peace be upon him) said to his father: Call me not as witness to an injustice.

1. Book 12, Number 3969: Nu’man b.
2. Bashir (Allah be pleased with them) reported: My father took me to Allah’s Messenger (may peace be upon him) and said: Allah’s Messenger, bear witness that I have given such and such gift to Nu’man from my property, whereupon he (the Holy Prophet) said: Have you conferred upon all of your sons as you have conferred upon Nu’man? He said: No.

Thereupon he (the Holy Prophet) said: Call someone else besides me as a witness. And he further said: Would it, please you that they (your children) should all behave virtuously towards you ? He said: Yes. He (the Holy Prophet) said: Then don’t do that (i e.

1. Don’t give gift to one to the exclusion of others).
2. Book 12, Number 3970: Nu’man b.
3. Bashir reported: My father conferred a gift upon me, and then brought me to Allah’s Messenger (may peace be upon him) to make him a witness (to it).
4. He (the Holy Prophet) said: Have you given such gift to every son of yours (as you have given to Nu’man)? He said: No.

Thereupon he (the Holy Prophet) said: Don’t you expect goodness from them as you expect from him? He said: Yes. of course. He (the Holy Prophet) said: I am not going to bear witness to it (as it is injustice). Ibn Aun (one of the narrators) said: I narrated this hadith to Muhammad (the other narrator) who said: Verily we narrated that lie (the Holy Prophet) had said: Observe equity amongst your children.

Book 12, Number 3971: Jabir (Allah be pleased with him) reported that the wife of Bashir said (to her husband): Give to my son your slave as a gift, and make for me Allah’s Messenger (may peace be upon him) a witness He came to Allah’s Messenger (may peace be upon him) and said: The daughter of so and so (his wife Amra bint Rawaha) asked me to give my slave as a gift to her son, and call for me Allah’s Messenger (may peace be upon him) as a witness.

Thereupon he (the Holy Prophet) said: Has he (Nu’man) brothers? He (Bashir) said: Yes. He (further) said: Have you given to all others as you have given to him? He said: No. He said: Then it is not fair; and verily I cannot bear witness but only to what is just.

1. Chapter 3 : AL-‘UMRA (LIFE GRANT) Book 12, Number 3972: Jabir b.
2. ‘Abdullah (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: Whoever a person is gifted a life grant, then it is for him (belongs to him and to his posterity, for it belongs to him who has been gven it).

It would not return to him who gave it for he conferred it as a gift (it becomes the property of the donee and as such) rules of inheritance will apply to it. Book 12, Number 3973: Jaber b. ‘Abdullah (Allah be pleased with them) reported Allah’s Messenger (may peace be upan him) as saying: He who conferred a life grant upon a person, it becomes his possession and that of his successors, for he surrendered his right in that by his declaration.

1. This property) now belongs to one to whom this lifelong grant has been made, and to his successors.
2. Yahya narrated in the beginning of his narration: Whatever man is given a life grant, then it belongs to him and his posterity.
3. Book 12, Number 3974: Jabir b.
4. ‘Abdullah al-Ansari (Allah be pleased with him) said: Allah’s Messenger (may peace be upon him) said: Whoever a person conferred Umra (life grant) upon a person and he says: I confer upon you this and upon your descendants and anyone who survives you, and that becomes his possession and that of his posterity.

It would become (a permanent possession) of those who were conferred upon this gift, and it would not return to its owner (donor), for he gave that as a gift in which accrued the right of inheritance. Book 12, Number 3975: Jabir (Allah be pleased with him) said: The Umra for which Allah’s Messenger (may peace be upon him) gave sanction that a person way say: This (property) is for you and for your descendants.

1. And when he said: That is for you as long as you live, then it will return to its owner (after the death of the donee).
2. Ma’mar said: Zuhri used to give religious verdict according to this.
3. Book 12, Number 3976: Jabir b.
4. ‘Abdullah (Allah be pleased with him) reported that Allah’s Messenger (may peace be upon him) commanded that whoever is conferred upon a life grant along with his descendants is entitled to make use of the property conferred so long as he lives and his successors (also enjoy this privilege).

That (property) becomes the their defect belonging. The donor cannot (after declaring Umra) lay down any condition or make any exception. Abu Salama said: For he conferred a grant and as such it becomes heritage. and the right of inheritance abrogated his condition.

Book 12, Number 3977: Jabir (b. ‘Abdullah) (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: Life grant is for one upon whom it is bestowed. Book 12, Number 3978: Jabir b. ‘Abdullah reported a hadith like this through another chain of transmitters. Book 12, Number 3979: Jabir reported this hadith directly from Allah’s Apostle (may peace be upon him) Book 12, Number 3980: Jabir (b.

‘Abdullah) (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) having said: Keep your property to yourselves and do not squander it, for he who conferred a life grant upon another that property will belong to him upon whom it is conferred whether he lives or dies, and (would pass on) to his successors (as heritage).

Book 12, Number 3981: This hadith is narrated on the authority of Jabir through other chains of transmitters, but (with this addition of words) that thehadith transmitted on the authority of Ayyub (these words are found): “The Helpers (Ansar) conferred the benefit of ‘Umra, upon the Emigrants (Muhajirin), whereupon Allah’s Messenger (may peace be upon him) said: Keep your property to yourselves.

Book 12, Number 3982: Jabir (Allah be pleased with him) reported that a woman gave her garden as a life grant to her son. He died and later on she also died and left a son behind and brothers also, The sons of the woman making life grant said (to those who had been conferred upon this ‘Umra): This garden has returned to us.

1. The sons of the one who had been given life grant said: This belonged to our father, during his lifetime and in case of his death.
2. They took their dispute to Tariq, the freed slave of ‘Uthman.
3. He called Jabir and he gave testimony of Allah’s Messenger (may peace be upon him) having said: Life grant belongs to one who is conferred upon this (privilege).

Tariq gave this decision and then wrote to Abd al-Malik and informed him, Jabir bearing witness to it. Abd al-Malik said: Jabir has told the truth. Then Tariq gave a decree and, as a result thereof, it is to this day that the garden belongs to descendants of one who was conferred upon the life grant.

Book 12, Number 3983: Sulaiman b. Yasir reported that Jabir gave this verdict. The inheritor has a right (to inherit) the life grant according to the statement of Jabir (b. ‘Abdullah) (Allah be pleased with him) which he narrated from Allah’s Messenger (may peace be upon him). Book 12, Number 3984: Jabir b.

‘Abdullah reported Allah’s Apostle (may peace be upon him) as saying: Life grant is permissible. Book 12, Number 3985: Jabir b. Abdullah (Allah be pleased with them) reported Allah’s Apostle (may peace be upon him) as saying: Life grant is the heritage of one upon whom it is conferred.
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What is the share of daughters on father’s property in Pakistan?

ORDER SHEET Order Sheet IN THE HIGH COURT OF SINDH KARACHI S.M.A. No.73 of 2015

Date	Order with signature of Judge

For hearing of the main petition : Petitioner : Mrs. Ratna Devi through Mr. Abdul Qadir Khan Advocate. Dates of hearing : 26.05.2015, 29.05.2015 and 25.06.2015. O R D E R NADEEM AKHTAR, J. – The petitioner Mrs. Ratna Devi has filed this petition under Sections 372 and 278 of the Succession Act, 1925, for the grant of Succession Certificate and Letters of Administration in respect of movable and immovable properties left by her late husband Justice (Retired) Rana Bhagwandas ( ‘the deceased’ ), who passed away at Karachi on 23.02.2015.

1. It is stated in the petition that the deceased died intestate and is survived by three (03) legal heirs ; namely, Mrs.
2. Ratna Devi (petitioner / widow), Rana Kelash Chander (son) and Rana Mukesh Kumar (son), who all are majors.2.
3. In addition to the above named three legal heirs, the deceased also has one daughter ; namely, Aneeta Kumari.

It is stated in the petition that the said daughter was married much before the death of the deceased and as such under the Hindu Law prevailing in Pakistan, she is not entitled to inherit from the estate of the deceased as the deceased and his family are governed by the Mitakshara School of thought.

1. In compliance of the direction given by this Court on 26.05.2015, an affidavit to the above effect was filed on 29.05.2015 by the daughter Mrs.
2. Aneeta Kumari.3.
3. In support of this petition, the petitioner has filed (a) original death certificate of the deceased, (b) marriage certificate of the deceased’s daughter, (c) copies of title documents of immovable properties left by the deceased, (d) bank statements, (e) documents showing NIT Units in the name of the deceased, and (f) copy of registration book of vehicle No.AYW-109.

A schedule has been filed by the petitioner wherein relevant particulars of all the movable and immovable assets left by the deceased have been disclosed. The petitioner has also filed a statement to the effect that there are no liabilities of the deceased that require settlement.4.

In order to appreciate the contentions of the petitioner, it is necessary to understand the basic principles of the Hindu Law of Inheritance. There are two systems of inheritance / Schools of thought amongst the Hindus under the Hindu Law of Inheritance ; namely, the Dayabhaga system and the Mitakshara system.

The former system prevails in East and West Bengal while in the rest of the subcontinent including Pakistan, the latter system prevails. The Mitakshara system recognizes two modes of devolution of property, that is, survivorship and succession. The rule of survivorship applies to joint family property.

If at the time of his death the owner was a member of a joint and undivided family, technically called ‘coparcenary’, his undivided interest in the coparcenary property devolves on his coparceners by survivorship. On the other hand, the rules of succession apply to property held in absolute severalty by the last owner.

The ‘last full owner’ of property is one who held the property absolutely at the time of his death. From the statements made in the petition, it is clear that the deceased was the last full owner of all the properties left by him. Thus, the said properties shall devolve upon his legal heirs according to the rules of succession.5.

I shall now take up the question as to who are entitled to inherit from the estate of the deceased and to what extent. Under the rules of succession, the daughters, during the lifetime of their mother, are not entitled to inherit from the estate of their father, and such right accrues to them only after the death of their mother.

In other words, the daughters succeed if their mother dies during the lifetime of their father. The heritable right accrues to the daughters not on the death of their father, but after the death of their mother, though they are not the heirs of their mother, but of their father.

In view of the above legal position, I am of the opinion that the deceased’s daughter Mrs. Aneeta Kumari is not entitled to inherit from the estate of the deceased because of the reason that the petitioner, being her mother and the widow of the deceased, is alive, and not because of the fact that she got married during the lifetime of the deceased, as stated in the petition.

Thus, the movable and immovable properties left by the deceased will be inherited by his widow (petitioner) and the two sons.6. Regarding the petitioner / widow of the deceased, it may be noted that under the Hindu Law of Inheritance the widow takes only a limited interest called “the widow’s estate” in the estate of her husband, and in the event of her death the estate is inherited not by her heirs, but by the next heirs of her husband, technically called “reversioners”.

It is worth mentioning here that though the widow may alienate her life-interest in the estate, she has no power to dispose of the corpus of the immovable property inherited by her except in four cases ; namely, (i) when there is ‘legal necessity’, or (ii) when the alienee, after reasonable inquiry as to the necessity, acted honestly in the belief that the necessity existed, or (iii) when there was such consent of the next reversioners to the alienation as would raise a presumption that the transaction was a proper one, or (iv) when it was a surrender by her of her whole interest in the whole estate in favour of the nearest reversioner(s) at the time of alienation.7.

As to ‘the widow’s estate’ inherited by the petitioner, she has filed her affidavit surrendering and relinquishing her “life interest” in favour of the sons / other two legal heirs of the deceased. Accordingly, the movable and immovable properties left by the deceased will be divided amongst his two sons.

• The other two legal heirs / sons of the deceased have filed their affidavits stating that they have no objection if Letters of Administration is granted in the name of the petitioner.
• The petition is supported by the affidavits of two witnesses, who were present in Court on 26.05.2015, when they reiterated the contents of their affidavits.8.

Notice of this petition was published on 05.05.2015 in Urdu daily ‘Express’ and in Sindhi daily ‘Kawish’, and was also affixed on the Court Notice Board. As per the report submitted by the Deputy Registrar (O.S.) on 21.05.2015, no objection whatsoever has been received from any quarter.

_ J U D G E *SMA 73-2015/Big Orders Single/Court Work/E*

: ORDER SHEET
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What does the Quran say about property and wealth?

From the Islamic perspectives, all wealth belongs to God and man is only a trustee who should manage it accordingly in order to achieve worldly prosperity. the Quran says: 6 and give something out of the wealth that God has bestowed upon you: (AnYNur: 23).
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What is the difference between Hanafi and Hanbali?

Differences with other Sunni schools – In contrast to the Hanafis and the Malikis, in the absence of a ‘Ijma (juristic consensus), the opinion of a Sahabi (companion of Prophet Muhammad ) is given priority over Qiyas (analogical reasoning, which early Hanbalis rejected) or al-‘urf (customs of a land) which is completely rejected by Hanbalis.

1. While Hanbalis require a unanimous consensus, Hanafis tend to follow the consensus of Kufa and Malikis that of al-Madina,
2. Zahiris, a less mainstream school, is sometimes seen as the closest to Hanbalis and Hanafis.
3. However the similarities are only true for early Zahiris who followed the Athari creed.

The branch that was largely instigated by Ibn Hazm which developed in al-Andalus, al-Qarawiyyin and later became the official school of the state under the Almohads, differed significantly from Hanbalism. It did not follow the Athari and Taqlid schools and opted for “logical Istidlal” (deductive demonstration/inference) as a way to interpret scripture that wasn’t clear literally.

Hanbalis rejected kalam as a whole and believed in the supremacy of the text over the mind and did not engage in dialectic debates with the Mu’tazila, Ibn Hazm, on the other hand, engaged in these debates and believed in logical reasoning rejecting most of Mu’tazila claims as sophism and absurd. Ibn Hazm, also scrutinised hadith corpus more severely.

He adopted an attitude where he’d reject hadiths if he discovered something suspicious about the lives of those who reported it, or in the case where a narrator in the Sanad (transmission chain) is not a widely known figure. In doing so, he was aided by his vast historical knowledge.

• By the end of the classical era, the other three remaining schools had codified their laws into comprehensive jurisprudential systems; enforcing them far and wide.
• However, the Hanbalis stood apart from the other three madh’habs ; by insisting on referring directly back to the Qur’an and Sunnah, to arrive at legal rulings.

They also opposed the codification of Sharia (Islamic law) into a comprehensive system of jurisprudence; considering the Qur’an and Hadith to be the paramount sources.
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Who are Class 1 and Class 2 heirs?

Clarification on Class I and Class II legal heirs When Hindu unmarried woman dies intestate, her property acquired from father devolves firstly on Class I legal heirs and then Class II legal heirs of father. Here sons and daughters of father though not direct legal heirs of unmarried intestate are considered as Class I legal heirs.

By considering brothers & sisters as Class I legal heirs, they become her own sons and daughters, which is illogical. An unmarried woman considers her brothers & sisters as brothers & sisters only. Here is a case coming from Tamilnadu is NR Raja and others vs The Thasildar of Madurai South ( WP, MD No 15901 of 2018) it was held that brothers and sisters are considered as Class II legal heirs and legal heirship certificate was issued accordingly.

There are many other similar cases coming from that State. How is it different courts are giving different judgements on the subject matter till this date since the enacting of ? Please comment on this. Asked 3 years ago in Property Law Religion: Hindu 3 answers received in 30 minutes,

• Class I heirs of unmarried female is different than heirs of Male.
• And brothers and sisters do not consider son and daughter, poor reasoning.
• Brothers and sisters are class 2 heirs of Male and class I heir of unmarried female if her parents expired.
• Law is clear under and unanimous all over India.

When aw is clear and it is not set aside then personal opinion of it as illogical does not make any difference. Since there is no Supreme Court decision on this issue different high courts are free to form its own opinion and the same would be binding in the concerned state.

Section 15, sub-section 2 This explains the distribution of property depending on whether she has inherited it from her parents, or husband, or in-laws. Any property inherited by a Hindu woman from her father or mother devolves, in the absence of any son or daughter of the deceased (including kids of predeceased son or daughter), not upon the heirs referred to in sub-section (1), but upon the father’s heirs.2) in case her parents are dead property would devolve upon her siblings as class 11 legal heirs

If the property i coming from father to daughter than it will be called as Class I heirs property and will get distributed among siblings as the same property is inherited from father and not self owned. If the property were self owned and women were married then it could has got distributed as per class II heirs.

Rule of succession is completely different for male and female dyeing intestate. Class I and II are not applicable to hindu female dyeing intestate.

As far as, the class one heir of an unmarried woman is she doesn’t have children will be only her father and mother. And through father only it will be devolve to her brother and sisters. The brother and sisters are not class one heir here

1. Hi
2. See When brothers and sisters are taken as class 1 legal heirs then they are not considered as the sons and daughters of the unmarried woman.
3. they are brothers and sisters who are CONSIDERED as Class 1 Legal Heirs.
4. Every court have its own perspective to see things so every court can give different judgement on same topics although those different judgements are always legally correct.
5. Thanks

• Dear Sir,
• Section 15 in The, 1956

General rules of succession in the case of female Hindus.—

2. The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
3. firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
4. secondly, upon the heirs of the husband;
5. thirdly, upon the mother and father;
6. fourthly, upon the heirs of the father; and
7. lastly, upon the heirs of the mother.
8. Notwithstanding anything contained in sub-section (1),—
9. any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
10. any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the

The property of a Hindu female dying intestate, or without a will, shall devolve in the following order:

upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,

upon the heirs of the husband.

upon the father and mother.

upon the heirs of the father, and

upon the heirs of the mother.

Now why would any court do what it is doing cannot be done.

• What is your doubt about this subject?
• Your question is who are the legal heirs of an unmarried Hindu woman dying intestate to succeed to her estates that she inherited from her father.
• The, 1956 :

Section 15 of the Act envisages a definite and uniform scheme of succession of property of a Hindu female who dies intestate. Section 16 of the Act sets out the order of succession of the heirs of the Hindu female and is to be read along with Section 15 of the Act setting out the general rules of succession.

• However, Section 15 of the Act has failed to consider the equity of the fate of the self-acquired property of a Hindu female dying intestate.
• The property of a Hindu female under the HSA has been divided into three categories, viz.
• Property inherited by a female from her father or mother, property inherited from her husband or father-in-law and the third kind, the properties which are not governed by the first two categories.

Under §15 r/w §16 of the HSA, the general rule for succession of all kinds of the properties is that it will pass on to the children (or if children predeceased the female, to the predeceased children’s children) and the husband. However, in case there is no one in existence from the above at the time when succession opens, the first kind of property will be inherited by the heirs of her father and the second by the heirs of her husband.

1. Perhaps, the intention of the legislature was that the property should go back to the source from which it was received.
2. It is the succession procedure of the third kind of property, which includes the self acquired properties or properties received in any other manner or from any other source, provided the female has absolute rights in that property, which is under question.

§15(1) of the act provides for a specific order, in which this property divests;

1. “(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
2. (b) secondly, upon the heirs of the husband;
3. (c) thirdly, upon the mother and father;
4. (d) fourthly, upon the heirs of the father; and
5. (e) lastly, upon the heirs of the mother”
6. Hope your doubts are clarified now.

1. Property acquired from father is separate property which devolves in same manner as self acquired property.2. Brothers and Sisters are not Class I heirs of a Hindu woman dying intestate. Class I heirs are children and husband.3. Which court has held that sons and daughters envisaged in Class I would include brothers and sisters of a Hindu woman dying intestate? Law cannot be interpreted on emotions.

The parents are predeceased my sister. Also one of the male siblings also predeceased my sister. The predeceased brother has wife and kids. Now how will the property devolve? Asked 3 years ago Property would devolve on surviving siblings

The property shall devolve upon the heirs of her father. You are one among the heirs of her father and the heirs of her predeceased brother are also the heirs of her father.

In that case all the heirs of the father her brothers heirs will be the beneficiaries. Along with the fathers heir her mothers heirs will also be the beneficiaries as she died unmarried. As father and mother becomes class 1 heir if she dies unmarried without children

Those who are deceased than property will go to their childrens

You and your pre deceased brother family will inherit equally.

• Section 15(1) in The, 1956
• (1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,
• (a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
• (b) secondly, upon the heirs of the husband;
• (c) thirdly, upon the mother and father;
• (d) fourthly, upon the heirs of the father; and
• (e) lastly, upon the heirs of the mother.

1. Every court can have different point of view but they have to decide the case as per laws enacted till date of Judgement.2. If any court give decision that class II legal heirs are considered as class I legal heirs then it can be challenged by revision in Higher court.3.

The property would be divided amongst all the siblings. If a brother has died the property would be given to his heirs.

: Clarification on Class I and Class II legal heirs
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What is the difference between Hanafi and Maliki?

Principles – Maliki school’s sources for Sharia are hierarchically prioritized as follows: Quran and then trustworthy Hadiths (sayings, customs and actions of Muhammad); if these sources were ambiguous on an issue, then `Amal (customs and practices of the people of Medina), followed by consensus of the Sahabah (the companions of Muhammad), then individual’s opinion from the Sahabah, Qiyas (analogy), Istislah (interest and welfare of Islam and Muslims), and finally Urf (custom of people throughout the Muslim world if it did not contradict the hierarchically higher sources of Sharia).

The Mālikī school primarily derives from the work of Malik ibn Anas, particularly the Muwatta Imam Malik, also known as Al-Muwatta, The Muwaṭṭa relies on Sahih Hadiths, includes Malik ibn Anas’ commentary, but it is so complete that it is considered in Maliki school to be a sound hadith in itself.

Mālik included the practices of the people of Medina and where the practices are in compliance with or in variance with the hadiths reported. This is because Mālik regarded the practices of Medina (the first three generations) to be a superior proof of the “living” sunnah than isolated, although sound, hadiths.

1. Mālik was particularly scrupulous about authenticating his sources when he did appeal to them, as well as his comparatively small collection of aḥādith, known as al-Muwaṭṭah (or, The Straight Path).
2. The example of Maliki approach in using the opinion of Sahabah were recorded in Muwatta Imam Malik per ruling of cases regarding the law of consuming Gazelle meat.

This tradition were used from opinion of Zubayr ibn al-Awwam, Malik also included the daily practice of az-Zubayr as his source of “living sunnah” (living tradition) for his guideline to pass verdicts for various matters, in accordance of his school of though method. The second source, the Al-Mudawwana, is the collaborator work of Mālik’s longtime student, Ibn Qāsim and his mujtahid student, Sahnun, The Mudawwanah consists of the notes of Ibn Qāsim from his sessions of learning with Mālik and answers to legal questions raised by Saḥnūn in which Ibn Qāsim quotes from Mālik, and where no notes existed, his own legal reasoning based upon the principles he learned from Mālik.

1. These two books, i.e.
2. The Muwaṭṭah and Mudawwanah, along with other primary books taken from other prominent students of Mālik, would find their way into the Mukhtaṣar Khalīl, which would form the basis for the later Mālikī madhhab.
3. Maliki school is most closely related to the Hanafi school, and the difference between them is more of a degree, rather than nature.

However, unlike the Hanafi school, the Maliki school does not assign as much weight to analogy, but derives its rulings from pragmatism using the principles of istislah (public interest) wherever the Quran and Sahih Hadiths do not provide explicit guidance.
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What do daughters inherit from their mothers?

3. Physical features – Physical features such as hair color, hair texture, hairline, skin, and varicose veins are inherited from your mother.
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What do daughters inherit from their fathers?

Personality Traits – Daughters are more likely to display certain personality traits if those same traits were present in the father. For example, if the father is an independent thinker or risk-taker, it’s likely his daughter will have some of those same qualities.
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What do girls inherit from their parents?

About Genetic Inheritance – You may be wondering, “what gene controls hair color ? ” or “what eye color will my baby have?” Most genetic traits result from a combination of both parents’ genetic codes. But when it comes to tracing certain traits to certain parents, we direct our focus to the genes contained in the sex chromosomes,

Through cell division and fertilization, humans acquire 46 chromosomes containing their unique DNA; 23 from mom, and 23 from dad. Sex-linked genes are expressed according to the genetic material on sex chromosomes, the 23rd pair, which differ between sexes. Where females have two X chromosomes, males have one X chromosome and one Y chromosome, with certain genetic traits found exclusively on either one.

Even still, some chromosomal genes are dominant or recessive, meaning that whether or not a characteristic is expressed depends on the alleles of mom and dad (respectively). If, for example, dad has an X-linked dominant gene, while mom has an X-linked recessive gene, the daughter’s outward gene expression will reflect dad’s genotype. Dads are responsible for the biological sex of their baby. I t’s one of the physical traits that’s 100% determined by paternal genes and/or dads. The Supporting Evidence : While mothers will always pass down their X chromosome (considering it’s the only kind they have), fathers will pass down either an X or Y chromosome at random.

The Y chromosome contains the SRY (male-determining) gene, which kickstarts the “virilization” (masculinization) process, including the fetal development of the testes—this means you have a baby boy on the way!

The X chromosome doesn’t contain this male-producing gene. Which means you’re having a baby girl!

The Big Picture : All of the physical differences between boys and girls are due to this tiny chromosomal difference. Dad’s contribution makes a big impact and can significantly affect the different genes your baby will carry! At least are responsible for determining height, coming from both mom and dad’s genes. But there is evidence to suggest that each parent’s “height gene” functions a bit differently. Dad’s genes play a significant role in promoting growth. The Supporting Evidence: The (IGF protein) is strongly expressed by paternal genes,

This genetic trait is also responsible for promoting growth. However, mom’s genes express a somewhat contradictory receptor called IGF2R, which essentially does the opposite by actively repressing dad’s height-inducing genes. These are both. An imprinted gene is “stamped” or turned off, leaving the other gene to be expressed.

In this case, it doesn’t matter if Mom’s an Amazon when it comes to height or if Dad’s height is better suited for soccer rather than basketball – Dad’s IGF genes encourage the child to grow tall, while Mom’s IGF2R genes are stamped and rendered inactive.

• In essence, they cancel each other out.
• Illustrate this delicate balance between each parent’s genes and offspring development: Without expressing mom’s growth-suppressing IGF2R, the mice suffered from severe overgrowth.
• Without dad’s growth-promoting IGF protein, the mice experienced impeded growth and were smaller than average.

From an evolutionary standpoint., these genetic differences between mom and dad are called “,” which have an impact on growth and nutrition:

Paternal influence – Dad (more accurately, dad’s evolutionary adaptation) wants his son to grow big and strong in the womb. His genes use imprinting to give off signals during fetal development: “take nutrients from mom so you can be fit enough to survive life outside the womb.” Consuming more nutrients leads to increased growth, Maternal influence – Having a baby can certainly be an excessive nutritional demand on Mom-especially in the early ages of human evolution. To counteract this somewhat parasitic relationship, mom’s genes use imprinting to avoid the fetus needing so much sustenance, which can, in turn, suppress growth,

The Big Picture: Beyond the give-and-take of these two specific genetic expressions, there are loads more variants affecting height from both mom and dad. Dad’s genes strongly influence your child’s size in a certain sense, but whether your children grow up to be 6’5″ basketball stars or 5’10” point guards are up to certain genetic conditions from both parents. All men inherit a Y chromosome from their father, which means all traits that are only found on the Y chromosome come from dad, not mom. The Supporting Evidence : Y-linked traits follow a clear paternal lineage. A mutation on the Y chromosome can only be passed from father to son, and they’re all considered “dominant” in that there’s no second Y chromosome from mom to alter or mitigate the effects.

Hypertrichosis – Excessive hair growth on the outer ear Syndactyly – “Webbed toes,” where the skin between one or more toes is fused Chromosome infertility – Can affect the male’s sperm production

The Big Picture : For the most part, there’s no real indication that boys take after their dads in looks any more than they look like mom, but Y-linked traits are the exception to this rule. As we’ve learned, fathers contribute one Y or one X chromosome to their offspring. Girls get two X chromosomes, one from Mom and one from Dad. This means that your daughter will inherit X-linked genes from her father as well as her mother. When your daughter inevitably ends up with his X chromosome, does that mean she’ll inherit all of his X-linked genes and traits? Genes, yes.

• Traits, not necessarily.
• The Supporting Evidence : When it comes to a trait passed from father to daughter, dad has a 100% chance of passing down any mutations or variations on his X chromosome.
• However, this doesn’t automatically mean that all of these characteristics will present physically.
• While dad is passing down everything on his X chromosome, mom is also giving their daughter a second copy.

Only one copy of the allele (variation or mutation in a specific gene) is required for your daughter to develop the characteristic. If dad has the X-linked dominant gene, his daughter will undoubtedly present the trait because she inherits his X chromosome (where the gene responsible for the trait exists).

Fragile X syndrome Oral-facial-digital syndrome type I Incontinentia pigmenti type 1.

As for X-linked recessive : conditions, both parents’ chromosomal genes must contain two copies of the recessive trait in order to present physically. Dad’s genes are only half of the equation in this case. The Big Picture : While are a toss-up between mom and dad’s DNA, X-linked dominant features (when the allele variation is present in the father) is bound to make their way into your little girl’s life. There are a number of factors that go into the size and shape of our body, and genetics certainly has a lot to do with it. Dad’s adipose tissue, however, seems to have a bigger role in passing on excess fat compared to mom’s. The Supporting Evidence : Some body fat is necessary for general health and survival.

• But, too much can lead to a number of health issues and complications.
• In the body, there are two types of fat cells that can be considered “good” or “bad.” Brown fat is responsible for burning calories and maintaining a safe body temperature.
• White fat, on the other hand, stores excess energy (calories) as fat.

have identified that brown fat is maternally inherited, while white fat is paternally inherited. This means that dad’s genes are more likely to contribute to the development of excess fat. Some health implications of obesity and excess fat include:

Heart Disease Diabetes High Blood Pressure Metabolic Syndrome

The Big Picture : Just because dad has a few extra pounds doesn’t mean your baby is destined for a similar fate. An active lifestyle and a healthy diet play a significant role for long-term health and wellness, regardless of parental genetics.
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Who comes first in inheritance?

Who’s the next of kin in case of inheritance? Who’s the next of kin in case of inheritance? by Michelle Kaminsky, J.D. The ‘next of kin’ concept isn’t complicated, but it does vary by state and also determines who inherits if you die without a will. Ready to start your estate plan? Excellent 1,818 reviews by Michelle Kaminsky, J.D. updated February 03, 2023 · 2 min read Generally, the decedent’s next of kin—closest family members related by blood—are first in line to inherit as heirs, but state laws determine who is considered next of kin and the order in which they inherit.
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Are there 3 laws of inheritance?

The three laws of inheritance proposed by Mendel include: Law of Dominance. Law of Segregation. Law of Independent Assortment.
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What was the 3 law of inheritance?

3, Mendel’s Third Law: The law of dominance – Mendel’s third law was formulated by making crosses between parents that differed in two characters. Mendel concluded that different traits are inherited independently of each other, there is no relationship between them.

This means that the inheritance pattern of one trait will not affect the inheritance pattern of another (as long as the genes are not linked). To verify the principle of segregation, he carried out backcrosses or test crosses. This consists of crossing the F1 heterozygotes (AaBb) with the recessive parent (aabb).

Through this crossing of lines, the type and proportion of gametes produced by the heterozygotes can be verified. This is because the phenotype of the descendants of this cross coincides with the gametes produced by the F1 heterozygote. The recessive parent only produces gametes of the recessive type. Figure 6. Crossing pure lines that differ by two characters allows to postulate the principle of the independent combination, By crossing a dominant homozygous parent (smooth yellow pea plant) with a recessive homozygous (rough green pea plant) we obtain a homogeneous first generation (F1).
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What is the share of daughters on father’s property in Pakistan?

ORDER SHEET Order Sheet IN THE HIGH COURT OF SINDH KARACHI S.M.A. No.73 of 2015

Date	Order with signature of Judge

For hearing of the main petition : Petitioner : Mrs. Ratna Devi through Mr. Abdul Qadir Khan Advocate. Dates of hearing : 26.05.2015, 29.05.2015 and 25.06.2015. O R D E R NADEEM AKHTAR, J. – The petitioner Mrs. Ratna Devi has filed this petition under Sections 372 and 278 of the Succession Act, 1925, for the grant of Succession Certificate and Letters of Administration in respect of movable and immovable properties left by her late husband Justice (Retired) Rana Bhagwandas ( ‘the deceased’ ), who passed away at Karachi on 23.02.2015.

1. It is stated in the petition that the deceased died intestate and is survived by three (03) legal heirs ; namely, Mrs.
2. Ratna Devi (petitioner / widow), Rana Kelash Chander (son) and Rana Mukesh Kumar (son), who all are majors.2.
3. In addition to the above named three legal heirs, the deceased also has one daughter ; namely, Aneeta Kumari.

It is stated in the petition that the said daughter was married much before the death of the deceased and as such under the Hindu Law prevailing in Pakistan, she is not entitled to inherit from the estate of the deceased as the deceased and his family are governed by the Mitakshara School of thought.

In compliance of the direction given by this Court on 26.05.2015, an affidavit to the above effect was filed on 29.05.2015 by the daughter Mrs. Aneeta Kumari.3. In support of this petition, the petitioner has filed (a) original death certificate of the deceased, (b) marriage certificate of the deceased’s daughter, (c) copies of title documents of immovable properties left by the deceased, (d) bank statements, (e) documents showing NIT Units in the name of the deceased, and (f) copy of registration book of vehicle No.AYW-109.

A schedule has been filed by the petitioner wherein relevant particulars of all the movable and immovable assets left by the deceased have been disclosed. The petitioner has also filed a statement to the effect that there are no liabilities of the deceased that require settlement.4.

• In order to appreciate the contentions of the petitioner, it is necessary to understand the basic principles of the Hindu Law of Inheritance.
• There are two systems of inheritance / Schools of thought amongst the Hindus under the Hindu Law of Inheritance ; namely, the Dayabhaga system and the Mitakshara system.

The former system prevails in East and West Bengal while in the rest of the subcontinent including Pakistan, the latter system prevails. The Mitakshara system recognizes two modes of devolution of property, that is, survivorship and succession. The rule of survivorship applies to joint family property.

1. If at the time of his death the owner was a member of a joint and undivided family, technically called ‘coparcenary’, his undivided interest in the coparcenary property devolves on his coparceners by survivorship.
2. On the other hand, the rules of succession apply to property held in absolute severalty by the last owner.

The ‘last full owner’ of property is one who held the property absolutely at the time of his death. From the statements made in the petition, it is clear that the deceased was the last full owner of all the properties left by him. Thus, the said properties shall devolve upon his legal heirs according to the rules of succession.5.

I shall now take up the question as to who are entitled to inherit from the estate of the deceased and to what extent. Under the rules of succession, the daughters, during the lifetime of their mother, are not entitled to inherit from the estate of their father, and such right accrues to them only after the death of their mother.

In other words, the daughters succeed if their mother dies during the lifetime of their father. The heritable right accrues to the daughters not on the death of their father, but after the death of their mother, though they are not the heirs of their mother, but of their father.

1. In view of the above legal position, I am of the opinion that the deceased’s daughter Mrs.
2. Aneeta Kumari is not entitled to inherit from the estate of the deceased because of the reason that the petitioner, being her mother and the widow of the deceased, is alive, and not because of the fact that she got married during the lifetime of the deceased, as stated in the petition.

Thus, the movable and immovable properties left by the deceased will be inherited by his widow (petitioner) and the two sons.6. Regarding the petitioner / widow of the deceased, it may be noted that under the Hindu Law of Inheritance the widow takes only a limited interest called “the widow’s estate” in the estate of her husband, and in the event of her death the estate is inherited not by her heirs, but by the next heirs of her husband, technically called “reversioners”.

It is worth mentioning here that though the widow may alienate her life-interest in the estate, she has no power to dispose of the corpus of the immovable property inherited by her except in four cases ; namely, (i) when there is ‘legal necessity’, or (ii) when the alienee, after reasonable inquiry as to the necessity, acted honestly in the belief that the necessity existed, or (iii) when there was such consent of the next reversioners to the alienation as would raise a presumption that the transaction was a proper one, or (iv) when it was a surrender by her of her whole interest in the whole estate in favour of the nearest reversioner(s) at the time of alienation.7.

As to ‘the widow’s estate’ inherited by the petitioner, she has filed her affidavit surrendering and relinquishing her “life interest” in favour of the sons / other two legal heirs of the deceased. Accordingly, the movable and immovable properties left by the deceased will be divided amongst his two sons.

1. The other two legal heirs / sons of the deceased have filed their affidavits stating that they have no objection if Letters of Administration is granted in the name of the petitioner.
2. The petition is supported by the affidavits of two witnesses, who were present in Court on 26.05.2015, when they reiterated the contents of their affidavits.8.

Notice of this petition was published on 05.05.2015 in Urdu daily ‘Express’ and in Sindhi daily ‘Kawish’, and was also affixed on the Court Notice Board. As per the report submitted by the Deputy Registrar (O.S.) on 21.05.2015, no objection whatsoever has been received from any quarter.

_ J U D G E *SMA 73-2015/Big Orders Single/Court Work/E*

: ORDER SHEET
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What is the split of inheritance in Shariah?

Inheritance legal mechanisms | Gender and Land Rights Database | Food and Agriculture Organization of the United Nations The, Chapter 160, revised in 1981, amended in 1990: – The Act repealed the previous inheritance laws related to Hindu Law, Islamic Law and customary law, and became the uniform code applicable to all citizens.

– Section 5(2): A female person, whether married or unmarried, has the same capacity to make a will as does a male person.- Section 39(1): Female and male children have the same inheritance rights. – Widows have life interest in the estate, which they lose upon remarriage, whereas widowers continue to enjoy their rights over their deceased spouse’s property regardless of whether or not they remarry.

Muslims are exempt from the Law of Succession Act, and follow Islamic law. The Quran recognises both testamentary and intestate succession. However, only 1/3 of a deceased’s estate can be included in a will. The remaining 2/3 is distributed under intestacy rules laid down in the Quran, which has fixed the shares allocated to heirs.

Heirs include the widow or widower, father, mother and children. Grandparents inherit when the heirs in the nuclear family cannot inherit. – In general, under the Quran a man takes double the share of a woman. Sons take two times the share of daughters. If there are two or more daughters, their share is 2/3 of the estate.

– When a man dies leaving a wife and children, the widow receives 1/8 of the net estate. When there are no children, the widow receives 1/4. In polygamous marriages, the wives share 1/8 of the estate if there are children, or 1/4, if there are no children (12).
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Do brothers and sisters inherit Islam?

Inheritance settlement of descendants of children and siblings in Islamic law with local wisdom in Indonesia Abstract Islamic inheritance law is one aspect that is regulated in Qur’an and Hadith, However, the inheritance distribution of the descendent of children and siblings is not explicitly explained in the Qur’an and the Sunnah, which often creates conflicts and disputes.

• Therefore, this study aims to reveal the approach of Islamic law in completing inheritance for the descendant of children and siblings with the local wisdom of Indonesian society.
• This research used a qualitative descriptive analysis method.
• This research also observed Indigenous Peoples in West Java Province, a local cultural representation in Indonesia.

The results of this study found that there is a factor of kanyaah (love affection), which is local wisdom as a separate mechanism in resolving the distribution of inheritance for descendent of children and siblings without causing family conflict, besides the understanding of Islamic inheritance law and educational factors.

Islamic inheritance law, known as farâidh is an Islamic teaching that requires its adherents to be used as a guideline in inheritance-related actions (Asni et al., ; Barlinti, ; Hassan-Bello, ; Maryati, ; Uyuni & Adnan, ). If there is death among Muslims and the deceased has an inheritance, then what and how to transfer the property is regulated in detail in the inheritance law.

The adherence of Muslims to this teaching is often used as a measure of the level of faith. This inheritance law is thought to have been formulated in line with the application of religious education in other areas of Islamic law. The implementation of inheritance law is a logical consequence of the Islam of a person who is required to obey these laws.

• It is an implication of the ideal foundation of the principle of tauhidullah (unite God as the creator who has created everything from the smallest to the largest).
• A principle states that all thinking paradigms explore the content of Islamic teachings in the Qur’an and Hadith.
• Also, a ritual and social context must be based on the values of monotheism, namely about everything that exists and what may exist and is even impossible is the creation of God (Praja,, p.121).

Islamic inheritance law is one aspect regulated in the Qur’an and the Sunnah of the Prophet because it is the settlement of property-related inheritance cases. If the distribution is not transparent and is not based on apparent legal force, there will be potential for the emergence of disputes or disputes among the heirs.

1. That is why inheritance is seen as very urgent because Islamic teachings call for peace in all areas concerning individual rights in law, including having a preventive commitment from anything that damages the integrity of the family related to the property rights of the deceased.
2. It proves that inheritance matters are crucial in Islamic teachings.

Unlike the case with inheritance law which is based on local culture, the settlement is based on the view of the community. It is considered a norm passed down from generation to generation and fair to the community. These cultural values arise in response to the behavior of the community.

1. Islamic inheritance is strongly influenced by the developed kinship system and is enforced in a standard manner by the people who adhere to it (Rifai, ; Tono et al., ; Wahyuni & Harisah, ).
2. In Islamic inheritance, for example, the determination of heirs and their division is very thick in the culture where the people draw patrilineal lineages.

The text of the Qur’an does not explain it in detail. For example, the problem of offspring of children who can be recognized as heirs are only the children of male descendants or the grandchildren of sons. In contrast, the descendants of daughters are grouped in dzaw al-arham (all people who have a kinship with the heir but do not receive an inheritance because of a particular heir veil them), whose inheritance is determined mainly by the lack of male groups.

Research on the Muslim community in Donggala Regency implemented Islamic inheritance law outside or inside the Religious Court (Ali, ). In certain conditions, Islamic inheritance law is governed by the Qur’an, Hadith, and the Compilation of Islamic Law, for example, determining heirs, heirs, inheritance, and transfer of inheritance. But on the other hand, they still use the “Kaili” customary law known as the “Sossora” custom. The results of this study show similarities and differences between the Islamic inheritance law and the “Kaili” customary inheritance law. Even Islamic law became Kaili’s established law. It is because Islamic law has accepted the customary law “Kaili,” which does not contradict the arguments in the al-Qur’an and Hadith. In this study, a case was stated regarding the individual principle in Islamic inheritance, that the Donggala community applied the individual principle concerning the benefits of heirs in managing coconut plantations or cultivating agricultural land. Research in Cirebon district Indonesia also found that people enforce inheritance law from customary inheritance law, Islamic inheritance law, and inheritance law sourced from the Civil Code. The application of Islamic inheritance law is relatively low compared to customary law. Then, community awareness is still relatively low on inheritance law (Salman, ). Furthermore, customary inheritance law is more dominant than Islamic inheritance law (Salman, ). This study uses the “theory of public legal awareness.” The famous Indonesian who often studies Islamic law, Daniel S. Lev, has also researched the application of Islamic inheritance law in several regions in Indonesia (Lev, ). From the study, it can be concluded that the number of inheritance cases submitted to the Religious Courts differs from region to region. It is influenced by various factors, including factors of customs, factors of settlement of inheritance at the level of scholars and clerics, the character and nature of religious court judges, and so on. Another research is conducted on inheritance about “The Choice of Community Law Relating to the Authority of Religious Courts in Inheritance Cases in five districts in East Java” (Afdol, ). From this research, it can be underlined that the number of people who resolve cases of Islamic inheritance at the Religious Courts is still low. People still tend to settle inheritance cases outside the Religious Courts. It can be proven from inheritance cases submitted to the Religious Courts, which are still relatively small in quantity compared to other issues, such as divorce cases. This study used the theory of applying Islamic law in Indonesia in the form of the receptie theory, the receptio in complexu theory, and the receptie exit theory. The research on the law of inheritance distribution based on al-sulhu in Islamic communities is also conducted. This research found that the community’s low understanding of Islamic inheritance law so that the majority of people use East Javanese customs and culture (Komari, ), which is done by way of deliberation and peace known as ” rembukan “, for example, dividing the share of boys and girls with equal parts. If there is no agreement, they will take the case to the District Court, not to the Religious Court. Regarding issues related to the pillars of inheritance, for example, heirs and inheritance, there is a standard settlement between Islamic law and customary law. The theory used in this study uses the theory of ijtihad, mashlahah theory and maqashid al-Syari’ah theory. Another research discussed considering the pluralism of customary law in Indonesia for inheritance law (Judiasih & Fakhriah, ). This research also compares customary and Islamic inheritance law that applies in Indonesian society. This research found the issues are mainly related to the status of men and women in patriarchal and matriarchal systems. Inheritance is settled through discussion, approval, or legal action. The judges’ decisions indicate a renewal of the traditional inheritance system in which men and women have equal opportunities to become inheritors of their parents. Research about Islamic and customary law acculturation in Minangkabau, Indonesia, was conducted (Aziz et al., ). This research found that since Islam was introduced in the 8 th century AD, Minangkabau customs and culture have assimilated. There were customs and cultures based on their habits before its introduction. Because this acculturation occurs peacefully, the traditional leaders’ decisions do not cause upheaval and opposition from adat stakeholders in the region. Minang customs and culture are assimilated into Islam through synthetism, while tradition adapts to its teachings. Three types of changes occur when Islam and Minang customs and culture merge.

However, this research reveals Islamic inheritance law and culture in the representative community amidst modernization that is Mahmud Village. Mahmud Village is a traditional village in West Java, Indonesia, where the people adhere to and carry out traditions inherited from their ancestors.

The inheritance settlement in the Indigenous people of Mahmud village, who are generally Muslim, is fascinating. On the one hand, they are required to implement Islamic law. On the other hand, they must comply with local cultural norms. They usually draw bilateral or parental lineages to settle the inheritance of the children and siblings.

They should be in line with the kinship system of the people of West Java, whose kinship adheres to the bilateral system. The implementation of inheritance for descendants of children and siblings in the indigenous community of Mahmud village, Bandung Regency, is by the community that draws a patrilineal lineage, not like the way of sharing the heritage of the people of West Java whose kinship system adheres to the Parental or Bilateral system.

1. This research differs from previous studies, especially in settlement of inheritance cases related to children and siblings.
2. These two cases are not explained in detail in the al-Qur’an or Hadith,
3. In various kinds of literature of the book of Jurisprudence, the settlement of the inheritance of children and siblings is strongly influenced by kinship culture and systems and how to draw lineages.

The most highlighted in this study is that the Mahmud Traditional Village community is in the West Java region where West Java people, based on Social Anthropology, enter areas where people draw parental or bilateral lineages. However, the Mahmud village is a community of indigenous peoples who hereditary enforces Islamic law as a guide for settling their lives, including completing inheritance cases.

Therefore, this article will examine the implementation of the distribution of the inheritance of children and siblings in the indigenous community of Mahmud village. Then, it elaborates on the mechanism for settlement of the indigenous community’s inheritance of the children and siblings. The factors influence the distribution of the inheritance of descendants of children and siblings also explained in this article.

Research related to inheritance for descendants of children and siblings in the study of Islamic inheritance law is included in the field of research on Islamic law and social institutions. This study aims to reveal the application of inheritance law in society in a descriptive local cultural context.

Descriptive analysis is a qualitative research method that describes a situation, social, or phenomenon (Association for Educational Communications and Technology, ; Bevan, ; Giorgi & Giorgi, ; Koh et al., ). In general, Figure describes the activities of this research. This research will be seen from the values that develop in society, including the views of traditional leaders.

The research location was in Mahmud Traditional Village, Bandung Regency, Indonesia. Sources of data in this study use primary data sources and secondary data sources. The primary data source is the Indigenous community group of the Mahmud traditional village of Bandung Regency as a source of information for the research conducted.

• Meanwhile, secondary data sources are books and other literature related to inheritance for offspring of children and siblings.
• The type of data in this study uses qualitative data collected directly from data sources.
• It has coherence with the research theme, namely the inheritance settlement for the descendants of children and siblings, and the study of the legacy of Islamic law in the Mahmud traditional village community in Bandung Regency.

Figure shows the situation in Mahmud traditional village. According to al-Syatibi, Islamic law adapts to the social conditions of its society due to several reasons. First, broad descriptions of social changes. Second, the occurrence of changes in new social conditions will automatically lead to a change in the law related to it.

• Third, with the developments that have occurred, legal concepts and methods have shifted to deal with changing social conditions (Syah,, pp.79–80).
• This concept illustrates that Islamic law will always apply in a more flexible social context, including indigenous peoples’ context, in line with ever-evolving changes (Abdelgawwad, ; Ahmad et al., ; Thalib, ).

The customary community, predominantly Muslim, has practiced the values of Islamic teachings, including the applicable Islamic law. Therefore, two different sides can coexist as the prevailing norm. To analyze the implementation of the distribution of inheritance, syncretism theory can be used as a reference.

1. Syncretism comes from syncretism, which is looking for adjustments, balance, and so on between two religious schools.
2. Syncretism is a concept that combines various schools to seek harmony, conformity, and so on (Setiawan, ).
3. The syncretism theory was put forward by Hoeker, who argued that there is nothing in the legal system, both customary law and Islamic law, that is mutually exclusive.

Both are endowed and have equal binding power, giving rise to the community’s legal awareness peculiarities. The equality of degree of the application of the legal system of society does not always run on a unidirectional legal path because it can sometimes lead to contradictions (Hooker,, p.25).

• Furthermore, Yahya Harahap said that Hoeker’s syncretism theory contains two things.
• First, the relationship between customary law and Islamic law in people’s life in Indonesia is very close.
• Second, the closeness of the two legal systems develops in the form of mutual respect and respect, mutual giving and receiving, compromised to form a new order (Harahab,, p.62).

Inheritance law is usually closely related to the normative system, society’s social structure, and the family system (Handayani & Khisni, ; Rizki et al., ). If viewed historically, for example, inheritance law generally cannot be separated by following the family lineage.

1. If the origin is patrilineal, the existing order is that the male heir takes precedence over females.
2. In pre-Islamic societies, inheritance was determined based on the principles of brotherhood and warfare, essentially the strength of each individual and their participation in warfare.
3. Therefore, the issue of inheritance and women and children, both boys and girls are not heirs, and even the marriage system seems neglected as the cause of inheriting so that widows are not heirs (Azis,, pp.507–508).

Other aspects of inheritance law also appear to be influenced by indications of social change. For example, girls have been assessed for their ability since the beginning. They are considered unable to continue leadership in particular indigenous communities or certain religions, so they will lose their inheritance rights.

For example, in Greek and Roman societies, girls will not receive anything before and after marriage. It is pretty different in Roman society that the inheritance right is debt if the girl is married to another man of custom or another religion, then follows her husband’s religion and denies her parents’ religion (Verburg, ; Wells, ).

In indigenous peoples, the existing marriage system greatly influences the kinship system. It will reflect the prevailing inheritance system. The form of marriage that reflects patrilineality will emerge as a patrilineal kinship system. The form of matrilineal marriage will emerge as a matrilineal kinship system.

• Likewise, the parental marriage system will emerge form of parental kinship.
• In the fiqh books, it is also mentioned that there is a replacement of heirs, as stated by Isma’il Muhammad Syah, who is quoted from the book Khulasah “Ilmi al-Faraid written by Muhammad al-Amin al-“Asyi as follows (Syah,, pp.79–80): (a) A son from a boy is like a boy only he cannot share twice with a girl; (b) A daughter of a boy is like a girl, except that the presence of a boy can be prevented; (c) The grandmother of a woman is like a mother, only she cannot receive 1/3 or 1/3 of the remainder; (d) A grandfather is like a father, except that he cannot get in the way of siblings and siblings; (e) A fatherly brother is like a mother-to-father brother, except that he does not receive twice as much as a father’s sister; and (f) A fatherly sister is like a mother-to-father sister, except that she can be deterred by having a mother-to-father brother.

The Indigenous Community of Mahmud Village is a community that adheres to the Islamic religion. Moreover, the village is known as the holy land of Muslims in Bandung. It cannot be separated from the prominent figures who spread Islam in Bandung, namely the ancestor of the village, Eyang Dalem Hajj Abdul Manaf.

Because the majority are Muslims, the implementation of inheritance law that develops in the community is the inheritance they know as farā’idh, In Islamic legal literature, farā’idh is from lafadh faridhah, which means mafrudhah commensurate with the sentence muqaddarah, which is something whose parts are clearly defined.

In the Qur’an there are more mean determined than unspecified, that is why the Islamic inheritance law is called farâ’idh (Al-Mahalli,, pp.134–135). Meanwhile, the study of Islamic inheritance law is called the science of farâ’idh or the science of mirāts which is equivalent to mawrūts,

It means the inheritance of a deceased person who is passed on during execution to his heirs (Al-Siba’i,, p.445). Figure shows the documentation of research in Mahmud traditional village. The knowledge of farā’idh is known to the public as a reference in the implementation of inheritance settlement in the Indigenous community of Mahmud Village.

The settlement of inheritance which is considered as implementation originating from the Qur’an and Hadith, including the settlement of inheritance in children and relatives as well as settlement of inheritance in the descendants of children and siblings, as follows: (1)Settlement of Inheritance of Children’s Descendants In principle, discussing the child’s inheritance cannot be separated from the settlement of the child’s inheritance.

In the Mahmud Traditional Village community, in completing inheritance, the child is the main heir as the wife or husband, mother and father, and in carrying out the inheritance settlement, grandchildren are not entitled to inheritance as long as there are children, both boys, and girls. According to respondents, the community understands Islamic inheritance law in general, they know that as Muslim people, they are obliged to implement Islamic law, and inheritance law is one of the teachings of Islam that they should know and understand how to complete inheritance by the teachings of Islam.

Most people know about the teachings of the Islamic religion, such as prayer, zakat (alms), pilgrimage, fasting, marriage, inheritance, and so on. Still, they do not know Islam’s science, including inheritance law, because knowledge of inheritance is different from just knowing about inheritance law.

• Community knowledge is limited to just hearing, seeing, and feeling from the surrounding information and from the experiences of their families who have previously solved the problem of inheritance distribution, not based on knowledge gained from formal or informal education.
• Nowledge of Indonesian Muslims’ norms of inheritance law only knows in general.

It means knowing about inheritance law but not understanding the norms of inheritance law, so they do not know the inheritance law system in effect in Indonesia (Hazairin,, pp.147–149). That is why it is considered natural that many people are Muslim, but many still have not implemented the Islamic inheritance law norms as desired in the al-Qur’an and Hadith,

• Based on the results of the research, it was found that in addition to the community’s low understanding of inheritance law.
• Other respondents, namely the Kiyai as community leaders who protect and can complete inheritance because they understand Islamic inheritance law, still consider that people’s habits in completing inheritance use the prevailing customary norms.

Heredity is highly valued and applied. Their knowledge of farā’idh is limited to what is contained in fiqh books. They know the laws governing family law in Indonesia but do not know the legal material in a clear and detailed manner. Family law in Indonesia is called state law in the form of Marriage Law No.1 of 1974 or the Compilation of Islamic Law, which regulates marriage and inheritance (Abdullah, ; Nurlaelawati, ).

1. The community of Mahmud village agrees if inheritance issues are resolved based on state law, for example, regarding the share of boys and girls, the existence of joint assets, and the barrier of siblings because the heir has both a son and a daughter.
2. It’s just that the cultural values of society and positive habits must also be considered as a form of settlement that can be felt fairly by the community.

The inheritance law that applies in the community is customary law, which has greatly influenced Islamic law. In general, the inheritance in the fiqh books especially the Compilation of Islamic Law as applied law in the Religious Courts, has not been understood by the majority of the community, including community leaders.

Or traditional leaders of the Mahmud Traditional Village Community as community leaders, Islamic inheritance law has only been understood by a small number of people or Ulama, Kiyai, or community leaders. It is closely related because of the level of education and lack of socialization in the community about Islamic inheritance law.

Children are the main group of heirs in Islamic inheritance law. Children of heirs are heirs who cannot be eliminated from their inheritance rights but can be reduced, and that right cannot be transferred to anyone other than their descendants, namely their grandchildren.

1. Of course, they cannot receive an inheritance if their parents are still alive.
2. The heir’s children will be able to inherit provided they are born from and as a result of a legal marriage between the two parents.
3. In customary law, for example, children are the essential heirs after their parent’s death.

Therefore, they are essentially the only class of heirs because other family members do not become heirs, so with children, there is another possibility for family members to become close. Children are important in indigenous communities. In principle, the kinship system is adopted by the indigenous peoples themselves.

For example, the Karo indigenous people adhere to the patrilineal kinship system. So parents are the inheritors of their male children, and only boys men inherit their children. The difference in determining the portion of children to inherit is based on differences in perceptions of the implementation of inheritance, which divides by determining the son’s two parts of their daughter’s reason according to the Qur’an and the fiqh provisions books.

The Qur’an clearly states that a more significant proportion of boys than girls. For example, in Qur’an Surah al-Nisa verse 11, “the share of a boy is equal to two parts of a girl.” This verse serves as the main principle and principle in inheritance which is the reference for them when inheritance is distributed.

1. For some scholars, this law cannot be contested because it is classified as a muhkamat verse (clearly the legal stipulation) so that there is no longer the possibility of ijtihad or there is no change, just following what it is.
2. The Indigenous People of Mahmud Village prioritize children as the main heirs so that the grandchildren, the second descendant after the child, do not have a place as heirs after their parents die.

The grandchildren are given a part of the kadeudeuh or kanyaah (affection) of the heir’s children with an uncertain part, namely, the amount depends on the agreement of the heir’s children as the main heir. Thus, the Indigenous people of Mahmud traditional village do not recognize the existence of a replacement heir as found in the existing indigenous peoples in Indonesia.

Customary law considers the existence of inheritance replacement regulations, that if a child dies while his parents are still alive, the children of the deceased person will jointly replace their parents as heirs for their grandparents. This provision is in accordance with the decision of the Supreme Court dated 18 March 1959 Reg.No.391 K/ Sip/1958 reads as follows: “The right to fill or replace the position of an heir who dies earlier than his parents who left an inheritance is in the descendant line.

Islamic inheritance law in Indonesia recognizes the existence of a replacement heir in the Compilation of Islamic Law contained in article 185 paragraph (1), namely: (1) Heirs who pass away earlier than the heirs, then their position can be replaced by their children, except for those mentioned in article 173; and (2) The share for the replacement heir must not exceed the share for the heir which is equivalent to the one who was replaced.

Besides, the ijtihad (joint decision made by the Muslim scholars) regarding the successor heir is based on Hazairin’s thinking in interpreting verse 33 of the letter al-Nisa “For every inheritance left by mothers and fathers and relatives, we make it the inheritor ( mâwalî ).” (Hazairin, ). (2)Settlement of Inheritance of Sibling’s Descendant Siblings are sided heirs, and in Islamic inheritance law, they are grouped into non-main heirs: children, mothers, fathers, husbands, or wives.

Brothers of Islamic heritage will inherit if there are no children and a father. This concept is known as kalalah, The word kalalah is formed from mashdar, which means kalal (exhaustion). But what is meant here is that people who die do not leave their ancestors (ashl), male and female.

• Qur’an mentions kalalah in two verses in surah al-Nisa, namely, verse 12 and verse 176.
• Meanwhile, no Hadith describes the kalalah in detail so that the companions and fiqh scholars have different opinions.
• Ahlu Sunnah, for example, explains that kalalah is a person who dies without leaving his child and father (Glasse,, p.377).

Children in the definition referred to are sons or grandchildren of boys, while daughters or grandchildren of daughters and mothers do not cover the heir siblings. The scholars of fiqh have interpretations of the meaning of akhun and ukhtun (brothers and sisters) in verses 12 and 176 in the letter al-Nisa above, namely siblings or siblings for verse 176 and siblings, both male and female for interpretation of verse 12 (Al-Maqdisy,, p.166).

1. This opinion is based on the interpretation of Abu Bakr, which Qatada quoted.
2. He said that Abu Bakr explained in one of his sermons on the inheritance verse.
3. At the end of his sermon, he explained that what is meant by akhun and ukhtun in verse 12 is a thousand brothers because in this verse there are additional min al -um after the word al-akhi which is then recited by the reading and what is meant by akhun and ukhtun in verse 176 are siblings or brothers (Kathir,, p.565).

This interpretation affects the distribution of inheritance received by the siblings. For a thousand siblings, the share is 1/6 if one person is either a brother or sister or a sister, and if the sibling is two more people, then the share is 1/3 by the union, the distribution.

This is because of the similarity of furudh with the mother. There is no point in common with the other parts except for the 1/6 and 1/3 parts, such as the mother’s part. What is stated in the letter al-Nisa verse 12 is meant to be siblings. For the part of a sibling or a part of it according to verse 176, that is, if the sibling is a sibling or a sister is a brother, then the portion is 1/2, if the sibling is a sibling or a sister is a sibling of two more, then the share is 2/3 if it is a sibling or a sibling.

Some are male and female, the portion of a male sibling or as much as two parts of a sibling’s sibling or a brother’s sister, and if the sibling or brother of the same brother consists of all men, then they get ‘asabah or spend a fortune. It seems that this division cannot be implemented absolutely.

• Because, for a sister who is together with a daughter or granddaughter of the daughter’s son, she gets ‘ashabah ma’al ghaer as explained in the above Hadith,
• Ibn rejected this opinion, ‘Abbas that sisters do not get the right of ‘asabah if they are with daughters because he once gave a fatwa on the issue of people leaving their daughters and sisters as heirs, for girls 1/2 of the inheritance.

There is no part for sisters because, based on verse 176, sisters receive an inheritance if the heir does not leave children, either male or female. In the Compilation of Islamic Law, the brothers’ position as heirs is regulated in articles 181 and 182 as follows: “If a person dies without leaving the child and father, then the brother and sister of a thousand each get one-sixth of the share.

If it is two or more people, they get a third of the share. If a person dies without leaving their father and child while having one sibling, he gets half of the share. If the sister is together with two more siblings or siblings, they receive two-thirds of the share. If the sister is together with a sibling or same brother, then the portion of the brother is two to one with the sister.”.

Article 181 regulates the position of both male and female siblings, and Article 182 regulates the portion of siblings or siblings. The meaning of kalalah in the Compilation of Islamic Law is if a person dies without children and offspring and does not leave his father.

1. This definition provides a more general picture in interpreting lafadz walad, meaning that children may be boys or maybe girls and descendants of boys and descendants of girls.
2. Suppose it is understood that what is meant by children is only boys.
3. In that case, the effect is that if the heir leaves the daughter and his offspring, the heir, whether siblings, siblings, or one father, will inherit, this is the same as the interpretation according to fiqh scholars.

Brother heirs in the Mahmud Traditional Village community are the main heirs as long as there are no children and fathers, as is the case with the concepts set out in the fiqh books. The siblings are not considered heirs who receive a share as a substitute for their parents, and siblings are given based on the kanyaah of the surviving siblings.

Kanyaah (love affection) that giving to the descendant of children and siblings with an agreed share between the children of the heir and the siblings of the heir is a policy model that has developed in the Indigenous community of Mahmud village as a form of local policy that has been agreed or is also known as Muslim local community wisdom.

Thus, even though Indonesia’s Islamic inheritance law has several provisions regulating a pluralistic society. Especially in the traditions that apply in local communities, people’s perceptions of completing inheritance have the freedom to have different views because it stems from their beliefs on inherent cultural values, so they still use their way of distributing inheritance.

Customary and Islamic laws are combined so that there is a willingness among the heirs. Even the community agrees that the distribution of inheritance is carried out by wisdom. Not mathematically as written in fiqh books, perhaps even in the Compilation of Islamic Law, which is a legal product compatible with culture Indonesia, is often referred to as genuine Indonesia.

As explained above, the inheritance for the offspring of children and siblings whose parents passed away earlier than the heir is given a part that is not certain because the inheritance share only reaches the child and siblings. The uncertain part is in the form of kanyaah, given by the sons of the surviving heirs and his siblings, the living heirs.

Several factors cause the distribution of inheritance by giving kanyaah to the heirs of the descendants of children and siblings whose parents have passed away earlier than the heirs as part of the local wisdom that develops in the Indigenous community of Mahmud village, including: Customs are identical to the culture that is developing and continuously carried out in society.

Culture is the result of creativity, initiative, and taste that the community believes is true and good. Culture is the power of the mind in the form of creativity, initiative, and a sense of the result of culture is a culture that is the result of such creativity, initiative, and taste.

In terms of cultural anthropology, this difference is eliminated. The word culture is only used as an abbreviation of culture with the same meaning. Culture in a foreign language is the same as culture in other languages called the word colere which means processing. Working from this word develops into a culture as all power human efforts and actions to cultivate and change life (Koentjaraningrat,,, pp.181–182).

Customs are carried out in the inheritance settlement by sitting together to find a solution with the principle that no one is harmed (a win-win solution). They hold consensus deliberations by involving other parties, religious leaders, and even village officials as administrators next.

1. The value of local wisdom, known as cultural values in determining inheritance among the Indigenous people of Mahmud village, is a non-material object that is difficult to measure with material benchmarks.
2. Still, cultural values, commonly known as wisdom values, can be felt as a guide for everyone.
3. Instinctive comes to the level of goodness as a form of non-litigation resolution that involves all families and local community leaders if asked by the family.

Wisdom values such as togetherness, kinship, and consensus deliberation in the inheritance settlement are a must together. Every problem of life and relationships with legal issues such as marriage and inheritance is carried out in deliberation by prioritizing harmony, balance, and harmony in life by prioritizing common interests by upholding the values—cultural values that have been passed down from generation to generation.

• These customs are built based on values considered suitable by the community as long as they contain beneficial values.
• In several aspects regarding the distribution of inheritance in the Indigenous community of Mahmud village, it is guided by farâidh lines, and the color of the qat’i mindset looks rather dominant in the initial steps to determine the parts of the heir.

For example, the part of the child and the part of the siblings still adheres to the lines determined in the Qur’an. Still, cultural values and customs are carried out in a compromising manner whose spirit of stipulation has approached a bilateral kinship system, which befits most people in Indonesia, especially in West Java.

The phenomenon of the Indigenous people of Mahmud village in settling the inheritance of the descendants of children and siblings is often judged to be contrary to political relations that are accommodated in the normative values prevailing in Indonesia. It is because the community is positioned as an object to be protected by law, and society.

It is used as a working arena by law because, without a society, normative and sacred laws do not have an operational arena in the form of a place for applying laws. Therefore, applying laws for the community that upholds the values of local wisdom and has become latent requires a change in community law.

• Change is often understood as a shift in thinking that wants to develop.
• However, change is a natural process as what happens in humans who are first born, then grow and develop, mature until they eventually decline or even reach the level of death.
• It is also the same in society, namely, experiencing the cycle of life from birth to death.

This cycle is known as the cycle of change in society caused by several internal factors, such as a lack of resource development and innovation by leaders, for external factors, such as changes in community needs or perhaps changes in legislative policies and so on.

1. 2)Understanding Factors of Jurisprudence ( Fiqh) One thing that is felt is the understanding of the Indigenous people of Mahmud village towards fiqh, which is identical to Islamic law.
2. In contrast, Islamic law is seen as God’s law or religion.
3. The settlement of the inheritance of the children and your descendants with the share of the surviving children of the heir and the share of your descendants is also the same.

They judge it is not against religion so that it is considered valid according to religion because their share is there and is stated in the al-Qur’an as a religious guideline, while the part of the descendants of children and siblings is only part of the opinion of the ulama.

1. As a result, fiqh is not considered a human work and is even considered a divine rule.
2. With this view fiqh is seen as a collection of Islamic law.
3. Fiqh is not only seen as a product of religious thought but is already a religious book of Islam.
4. From here also the fiqh book occupies a very important place as part of religion and not as part of a product of religious thought.

(3)Education Factors The community leaders who were used as respondents in this study did not have their education level up to the tertiary level. However, even though they were undergraduates, many still did not fully understand Islamic inheritance law.

They know that the science of farā’idh is part of the teachings of the Islamic religion, which and its methods have been described in the Qur’an and Hadith, Most people in the settlement of inheritance in Mahmud Village always involve community leaders known as Ajengan as people who are considered to have an understanding of Islamic law and are considered to have a charisma that can create influence in society.

This influence is obtained from generation to generation, for example, due to genealogical ties with previous Ajengan or obtained through the ability to be accompanied by morality and a pious personality and loyalty to the community (Hartono,, p.32).

1. From the discussion about the distribution of inheritance in the indigenous community of Mahmud village, several findings can be concluded.
2. In general, the distribution of inheritance is carried out by the farā’idh stated in the fiqh books, which are sourced from the Qur’an and Hadith, and the inheritance of the children and siblings is uncertain, this is because their share depends on the giving of children.

The son of the heir and the surviving siblings of the heir. The erratic part is meant as the kanyaah of the surviving sons of the heir and relatives of the heirs. The law of inheritance used in settlement of the descendants of children and siblings is farā’idh (Islamic inheritance law).

1. The distribution is very dependent on the child and sibling heir as the main heir.
2. Then, the share of the descendants of the children and siblings based on the kanyaah (love affection) of the heir is local wisdom that the community has agreed as a law that has been developed from generation to generation and has become a community habit.

Several factors influence the pattern of inheritance distribution for the offspring of children and siblings in the Mahmud Village Indigenous community: habits, understanding of Islamic inheritance law ( farā’idh ), and education. This kanyaah is one of the local wisdom in Indonesia that can affect the settlement of inheritance for a descendant of children and siblings.

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: Inheritance settlement of descendants of children and siblings in Islamic law with local wisdom in Indonesia
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