The Muslim jurists justify the reason for denying the right of representation on the ground that a person has not even an inchoate right to the property of his ancestor until the death of that ancestor.
Rule of exclusion under muslim law. As far as difference of religion is concerned the general rule is that a non- Muslim does not inherit from a Muslim or vice versa. Hence the influence of Islamic Law was felt everywhere during the earlier days. These impediments or disabilities.
The nearest male agnate succeeded to the total exclusion of remoter agnates. A Will that is executed in apprehension of death is valid but under the. Similarly there is consensus amongst Islamic jurists that a murderer is not entitled to benefit from his act and is not competent to inherit from the person he or she killed though there is some disagreement as to whether this applies where the killing was unintended or accidental.
1414 There are several rules of exclusion whichThere are several rules of exclusion which determine the exclusion of some heirs by thedetermine the exclusion of some heirs by the presence of others. Here well discuss some of the main principles of inheritance under Muslim Law which is different from other Laws. Therefore it is said that the nearer heir excludes the remote heir from inheritance.
But Muslim law does not recognise the doctrine of representation. The Company was vested with the power of collecting land revenue but criminal jurisdiction remained in the hands of Muslim law-officers so the criminal law was Muslim. Principles of Inheritance under Muslim Law.
Father and True Grandfather. Distribution of property under Muslim Law is done. If she dies leaving behind no child then the husband take 12 as a sharers.
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. If an individual Muslim dies without making a will his property will be distributed among legal heirs after deducting some expenses also known as. The father is always an heir.