When it comes to succession, Muslims are governed by their personal laws.
Succession in Muslim law is based on 4 sources. Those being, the Quran, the Sunnah, the Ijma and the Qiya and there are two ways majorly for transferring the wealth, the inheritance and succession.
There is no distinction between immovable and the movable property of a Muslim as per law. Also, there is nothing like the joint family property or self-acquired property in Muslims like the Hindus.
Inheritance comes into existence only on the death of the person. It can’t be claimed as a birth right in Muslims.
There are 4 major duties that are to be performed on the death of a Muslim and these are to be performed in an order.
The order that is to be followed is listed below.
- The burial expenses are paid out of his property.
- Debt, if any, incurred by him during his lifetime, is paid from his assets.
- The will of that person is determined.
- The property, that remains, is distributed among the relatives of that person.
Under the Muslim law, the property is left behind for the family. He can only name 1/3rd of the property outside his bloodline.
The rest of the property should necessarily be distributed among his family members only. The Muslim law does not favor any bias about any particular heir. Any will favoring some of the heirs without the knowledge and the consent of the other heirs will become invalid.
This is somehow a good provision as per Muslim shariyat, asset metter are least so that they can live socially with strong bonding, and initiate better cooperation.