Father is excluded by the presence of.

Rule of exclusion under muslim law. Such persons though heirs are excluded from inheritance due to certain impediments imposed on them by Muslim Law. Shia only when intentional 2. If a Muslim female died leaving behind her husband and children then the husband take 34 as a sharer and the residue of 14 goes to the children.

In civil matters the Islamic Law was applied to Muslims and the Hindu law to Hindus. These impediments or disabilities. In brief presence of others.

Distribution of property under Muslim Law is done. Both under Shia as well as under Sunni law. Eg if a Muslim died leaving behind a son a son of a predeceased son then the son inherited the property and the grandson totally excluded.

The legator must be capable of knowing fully the legal consequences of his activities not only for a brief period when the declaration was made but much after that. Therefore it is said that the nearer heir excludes the remote heir from inheritance. It not possible to discuss all these rules in an article of this nature but in brief.

Under no circumstances can he be excluded from inheritance. Hence the influence of Islamic Law was felt everywhere during the earlier days. Brother who is related to the deceased through another ie.

But Muslim law does not recognise the doctrine of representation. Under Muslim law the nearer excludes the remoter. The Muslim Laws of Inheritance does not recognize the Doctrine of Representation because under Muslim Law the nearer excludes the remoter.