Jump to ContentJump to Main Navigation
Comparative Succession LawVolume II: Intestate Succession$
Users without a subscription are not able to see the full content.

Kenneth Reid, Marius de Waal, and Reinhard Zimmermann

Print publication date: 2015

Print ISBN-13: 9780198747123

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780198747123.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 19 August 2019

Intestate Succession in Islamic Countries

Intestate Succession in Islamic Countries

(p.421) 18 Intestate Succession in Islamic Countries
Comparative Succession Law

Nadjma Yassari

Oxford University Press

Intestate succession in Islamic countries is based on religious law, with the assumption that the law must impose mandatory rules regarding what property passes from one generation to the next. The Islamic inheritance scheme is not a parentelic or three-line system: it stands for a third, different system, where classes are based on the presumed closeness of the heirs to the deceased under a pre-conceived family scheme. Under Sunni law, close relatives are entitled, as exemplified by its twelve qur’anic heirs, and male agnatic heirs are in a strong position. Shiite law adheres to a different model of the ideal family, resting on the specific ties and responsibility of the immediate family and rejecting the privileges of agnatic relatives. Both systems, and accordingly all Islamic countries, favour the deceased’s descendants over the surviving spouse, and distribute the estate by a ratio of two to one in favour of male heirs of the same class and degree.

Keywords:   Islamic law, intestate succession, succession law, devolution, estate, Sunni law, Shiite law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .