Succession in the Muslim Family

Muslim law and rules for dealing with the distribution of a dead person's property differ greatly from western law.

N. J. Coulson (Author)

9780521088077, Cambridge University Press

Paperback / softback, published 11 December 2008

296 pages
21.1 x 15 x 1.7 cm, 0.44 kg

Muslim law and rules for dealing with the distribution of a dead person's property differ greatly from western law. The system of Muslim law, the SharVa, is derived from the Qur'an and the words of the Prophet himself, and is therefore believed to be of divine inspiration, and not man-made. A variety of schools of law have grown up which interpret the Prophet's sayings, and the practical effect of these different rules of interpretation varies considerably. Recent codifications have not necessarily remained within the classical Muslim legal traditions, and have introduced further differences. With western law it is assumed that a man will make a will, and, broadly speaking, his property will be distributed in accordance with its provisions. It is only in the event of a man dying without making a will that the rules of intestacy are applied. Muslim law makes the opposite assumption.

1. Family ties as grounds of inheritance
2. Priorities in inheritance
3. Primary heirs
4. Substitute heirs
5. Secondary heirs
6. Grandfather and collaterals in competition
7. Succession by the outer family
8. Inheritance in Shi'i law
9. Reforms in the traditional system of priorities
10. Dual relationships
11. Impediments to inheritance
12. Conditions of inheritance
13. Bequests
14. The limits of testamentary power
15. Death-sickness.

Subject Areas: Social & cultural anthropology, ethnography [JHMC]