How Is Property Divided in Muslim Law

Sharia laws for the distribution of goods can be confusing at first. Here`s an example to help you better understand how it works. Let`s say Dalil and Jameela got married. They had three children together, two sons and a daughter. Jameela also has two sisters and a brother. Jameela dies, leaving behind both his parents, Hamza and Hana. She chose not to have Wasiyyah. According to Sharia law on the division of property: After your death, your parents, spouse and children will be the main beneficiaries of your Fara`id. In most cases, these people are the only recipients of your property. Maher is any money or property a wife can receive from her husband at the time of marriage. There are two types of Maher: fast and delayed.

In the first case, the amount is remitted to the woman immediately after marriage; In the latter case, the amount is paid to the wife if her marriage has broken down either by the death of her husband or by divorce. Shari`a courts deal with family matters, inheritance, property and criminal law. Under Muslim law, inheritance rules are quite strict. A son takes more than twice the share of a daughter, on the other hand, the daughter is the absolute owner of the property she inherits. If there is no brother, she gets half a share. It is her legal job to manage, control and dispose of it as and when she wishes. Matters of inheritance of property are governed by Sharia law. Unlike Western culture, where a person can freely renounce his property as he pleases, Islamic law governs who can receive your wealth and in what proportions.

By establishing these rules, we avoid being victims of subjectivity and favoritism. Even if a mother inherits property from a relationship, she becomes the absolute owner of her share and can dispose of it as she pleases. She cannot transfer more than one-third of her property, and if her husband is the sole heir, she can give two-thirds of the assets of her will. – Widows have life interests on the estate they lose upon remarriage, while widowers continue to enjoy their rights to the property of their deceased spouse, whether or not they remarry. If a couple cannot agree on how Islamic law applies to the division of property, it may be necessary to raise these issues in family court. In these cases, a court will usually require the couple to comply with the divorce laws in their state. In Illinois, married spouses are entitled to an equitable division of matrimonial property. All property and debts acquired during a couple`s marriage must be divided fairly and equitably based on factors such as the spouses` needs, their contributions to the marriage, and their ability to generate income that supports them. Islamic law establishes strict and rigid inheritance rules that determine how a Muslim`s estate is divided among his heirs in the event of death. Allah has assigned a certain formula for heredity in the Qur`an.

Even if you want to donate all your property to charity, you can only do so after your death with the consent of all heirs. The Fara`id (Mirath) portion of your property must otherwise go to its rightful heirs. A Muslim cannot give more than one-third of his total wealth in his will. In cases where there are no heirs in the estate, as required by law, the wife may inherit a higher amount by will. Each religion practiced in India is subject to its own personal laws – which include property rights. However, Muslims in the country have no codified property rights and are largely subject to one of two schools of Muslim personal law – Hanafi and Shia. While the Hanafi school recognizes as heirs only parents whose relationship with the deceased is through a man. These include the son`s daughter, the father`s son and mother. The Shia school, on the other hand, does not advocate such discrimination. This means that heirs who are related to the deceased by a woman are also accepted. According to this law, testamentary freedom is limited to only one third of the net estate of the deceased, after deduction of all debts and funeral expenses. The remaining two-thirds are divided according to Sharia law.

At Islamic Wills, we are here to help you understand what the Quran says about the distribution of wealth and property and help you create your estate plan in a manner consistent with Islamic law. Secular laws dictate the division of property, unless you make an estate plan that states your contrary intention. Contact Islamic Wills USA today to ensure your property distribution is Sharia compliant. How you set up your wasiyyah is a personal decision. Our team at Islamic Wills USA can help you distribute your property the way you want while adhering to Sharia law. The petition claimed that a simple review of the law shows that a woman should receive 1/8 of her husband`s property upon his death if she has children. If there are no children from the marriage, she is entitled to 1/4 of the property. A daughter receives half from a son.

On the other hand, men receive 1/4 of their wife`s wealth at death if they have children. If the marriage has no children, he is entitled to half of the property. A son receives twice the daughter`s share, so the plea. According to Muslim law, any type of property can be given as a gift. For a gift to be valid, a declaration of willingness to make the donation must be made, which must be accepted by the recipient. If you need to understand how Illinois Sharia and divorce laws apply to the division of property in your case, Farooqi & Husain Law Office attorneys can offer legal support and representation. We will work to help you complete your divorce while protecting your rights and financial interests. For example, let`s assume that in the above scenario, everything is the same, except that Jameela`s father is no longer alive. Dalil will always receive 1/4 of Jameela`s property, and Hana will always receive 1/6. However, the proportion of children will increase.

The two sons each receive 7/30 and the daughter 7/60. The sisters and brother will still receive nothing. Islamic law governing the distribution of goods can be difficult to understand and requires scientific knowledge of the Quran and Sunnah to follow correctly. People who know Islamic heritage in the United States and apply it with secular laws can be even more difficult. Recently, a public interest lawsuit was filed seeking a change in Muslim personal inheritance law, alleging that Muslim women are discriminated against in terms of property sharing compared to their male counterparts. A Muslim mother has the right to inherit from her children if they are independent. She has the right to inherit one-sixth of her deceased child`s property if her son is also a father. In the absence of grandchildren, she would receive a one-third share. When it comes to adhering to Islamic law for the distribution of property, you must first understand how the Quran represents wealth. The Qur`an declares that wealth does not belong to anyone. Instead, it belongs to Allah, for He has dominion over everything on earth.

This statement is emphasized in various parts of the Qur`an.