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Comparative Succession LawVolume II: Intestate Succession$
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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

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Intestate Succession in Islamic Countries

Intestate Succession in Islamic Countries

Chapter:
(p.421) 18 Intestate Succession in Islamic Countries
Source:
Comparative Succession Law
Author(s):

Nadjma Yassari

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198747123.003.0018

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

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