Under Mulim personal law, inheritance is not a birthright. A person must be alive at the time of the deceased's death to inherit.
Muslim inheritance law, known as Faraid, dictates how a deceased Muslim's property is distributed among their heirs.
It's a system based on the Quran and Islamic jurisprudence, prioritizing close relatives and assigning specific shares based on their relationship to the deceased.
The law establishes a specific order of precedence for heirs. Close relatives (spouses, children, parents) take precedence over more distant relatives.
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Specific shares are assigned to different heirs. For example:
Husband: If no children, he receives half the estate; with children, he gets one-fourth.
Wife: If no children, she receives one-fourth; with children, she gets one-eighth.
Children: Sons receive twice the share of daughters. Multiple daughters together get two-thirds of the estate if no sons are present; a single daughter gets one-half.
Parents: The mother receives one-sixth if there are children; otherwise, one-third. The father also receives one-sixth if there are children.
Remaining Property:Any remaining property after fixed shares are distributed is typically given to the father.