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Showing posts with the label Mohammedan Law

Succession, Maintenance, and Adoption under Mohammedan Law

  Mohammedan Law relating to Succession, Maintenance, and Adoption : 1. Succession under Mohammedan Law Heirs in Mohammedan Law : Sharers : Specific relatives entitled to fixed shares of the estate. These include: Husband/Wife : The husband gets 1/4th of the estate if the wife has no children, and 1/8th if there are children. The wife gets 1/8th if there are children and 1/4th if there are no children. Children : Sons and daughters inherit, with the share of a son being twice that of a daughter. Parents : Each parent gets 1/6th if the deceased has children. Residuaries : If there are no sharers, the remaining estate (residue) is divided among the Residuaries , who include distant relatives such as brothers, sisters, and uncles. Class of Heirs : The heirs are categorized into: First Class : Spouses, children, and parents. Second Class : Brothers, sisters, and grandparents. Third Class : Distant relatives such as uncles, aunts, etc. Sunnis vs. Sh...

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: Succession under Mohammedan Law 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 under Mohammedan Law Maintenance of Wife : A husband is legally obliged to main...