<h1 class="ql-align-center"><strong style="color: rgb(230, 0, 0);">Muslim personal law on Inheritance</strong></h1><p class="ql-align-center"><br></p><h3><strong>Context&nbsp;</strong></h3><ul><li class="ql-indent-1">A Muslim couple from Kerala decided to get their marriage registered under the <strong>Special Marriage Act (SMA)</strong>, almost 30 years after having solemnized their nikaah according to Islamic principles.</li><li class="ql-indent-1">A Muslim couple from Kerala recently decided to get their marriage registered under the Special Marriage Act (SMA) to ensure their daughter's inheritance.</li></ul><h3><strong>About&nbsp;</strong></h3><ul><li class="ql-indent-1">The couple’s marriage under the Special Marriage Act will enable their daughters to inherit the couple’s property under the <strong>Indian Succession Act, 1925.</strong></li><li class="ql-indent-1"><strong>Shariat - Inheritance for Muslims in India</strong> is governed by the Muslim Personal <strong>Law (Shariat) Application Act, 1937.</strong></li><li class="ql-indent-1">This legislation that codifies Shariat recognises 2 kinds of legal heirs - sharers and residuaries.</li><li class="ql-indent-2"><strong>Sharers -</strong> A legal heir who gets a share in the inheritance are 12 categories including Husband, Wife, Daughter, Father, Mother, Paternal Grandfather, Paternal Grandmother, Sisters and Brothers.</li><li class="ql-indent-2"><strong>Residuaries -</strong> Residuary heirs can be aunts, uncles, nieces, nephews and other distant relatives.</li></ul><h3><strong>What does Islamic Law say?</strong></h3><ul><li class="ql-indent-1"><strong>The Koran, through Surah Nisa,</strong> clearly outlines the principles of inheritance for both direct and indirect heirs.</li><li class="ql-indent-2">Verse 7 states, “For men there is a share in what their parents and close relatives leave, and for women there is a share in what their parents and close relatives leave — whether it is little or much. These are obligatory shares.”</li><li class="ql-indent-1"><strong>A daughter gets half the share of the son.&nbsp;</strong></li><li class="ql-indent-1">If the husband predeceases his wife, the wife gets a one-eighth share of his property, if the couple has children. Otherwise, she gets one-fourth.</li><li class="ql-indent-1">There is also a share for paternal uncles, aunts, etc. as long as they are blood relatives. Same for grandparents if they are alive.</li></ul><h3><strong>What are the various options?</strong></h3><ul><li class="ql-indent-1">Within Islamic law, options are available to such a couple in case they want the property to remain within the family.</li><li class="ql-indent-1"><strong>Vasiyat</strong> - Under this, 1/3 of the estate can be willed (declared upon death) in favor of anyone and the remaining will be divided as per religious law.</li><li class="ql-indent-1"><strong>Virasat</strong> - Under virasat (inheritance), there is the option of hiba which allows unrestricted transfer of wealth or property to a person during the lifetime of the donor.</li></ul><h3><strong>The Special Marriage Act (SMA), 1954</strong></h3><ul><li class="ql-indent-1">It is the legislation made to<strong> validate and register interreligious and inter-caste marriages in India.</strong></li><li class="ql-indent-1">It allows two individuals to solemnize their marriage <strong>through a civil contract.</strong></li><li class="ql-indent-1"><strong>No religious formalities are needed </strong>to be carried out under the Act.</li><li class="ql-indent-1">This Act includes <strong>Hindus, Muslims, Christians, Sikhs, Jains, and Buddhists </strong>marriages.</li><li class="ql-indent-1">This Act applies<strong> not only to Indian citizens who belong to different castes and religions but also to Indian nationals who live abroad.</strong></li></ul><h3><strong>Conditions laid down in the Act:</strong></h3><ul><li class="ql-indent-1">Both individuals intending to marry must not have a living spouse.</li><li class="ql-indent-1">Both individuals must not be of unsound mind or suffering from mental disorders to such an extent as to be unfit for marriage and the procreation of children.</li><li class="ql-indent-1">The male should have attained the age of 21 years and the female the age of 18 years.</li><li class="ql-indent-1">Both the individuals are not within the degrees of prohibited relationship, provided that a custom governing at least one of the parties permits a marriage between the individuals.</li></ul><p class="ql-align-center"><br></p><h1 class="ql-align-center"><strong>PRELIMS NOTES:</strong><a href="https://www.sunyaias.com/subscription-details/prelims-2023-sunya-notes-current-affairs" rel="noopener noreferrer" target="_blank" style="color: rgb(0, 102, 204);"><strong>CLICK HERE</strong></a></h1>