Short Note on Mohammedan Law relating to Succession, Maintenance, and Adoption for Judicial Services Examination preparation

Short note Mohammedan Law relating to Succession, Maintenance, and Adoption for Judicial Services Examination preparation:

Heirship: Mohammedan law follows a system of fixed shares for heirs. The heirs are classified into two categories: Sharers (those who receive a fixed share of the estate) and Residuaries (those who inherit the remainder after sharers are allotted their shares).
Distribution: The heirs include spouses, children, parents, and more distant relatives. The share of each heir is defined by the Quran and hadiths.
Will (Wasiyat): A Muslim can make a will, but it is limited to one-third of the estate. The remaining two-thirds must go to legal heirs as per the Quranic share.
Intestate Succession: In the absence of a will, succession is determined by Shia or Sunni personal laws, with differences in share allocation.

Maintenance of Wife: A husband is legally obliged to maintain his wife during the marriage and after divorce (Iddat period). After divorce, maintenance is contingent on the wife’s ability to support herself.
Maintenance of Children: Both parents are responsible for the maintenance of children until they can support themselves. In the case of a child’s incapacity (mentally or physically), the duty to maintain continues.
Maintenance of Parents: Adult children are obliged to maintain their parents if they are unable to do so themselves.
Iddat: A woman who has been divorced or widowed must observe a waiting period (Iddat) before remarrying. During this period, she is entitled to maintenance from her former husband.

Non-recognition of Adoption: Mohammedan law does not recognize adoption in the same sense as Hindu or other personal laws. Adoption is not legally binding, and the adopted child does not inherit the adoptive parent’s estate.
Kafala: The concept of Kafala is somewhat similar to adoption. Under Kafala, a child is taken into a family for care and upbringing, but the child does not have inheritance rights from the foster parents.
Rights of the Adopted Child: The child under Kafala does not have the right to the estate of the adoptive family, but the adoptive family is responsible for the welfare and maintenance of the child.

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