INTRODUCTION
Muslim personal law encompasses a comprehensive framework governing various aspects of marriage, inheritance, wills, and gifts, reflecting the intersection of religious principles and statutory regulations. Central to this framework is the distinction between Muslim law and the provisions of the Indian Succession Act, 1925. This is especially relevant in marriages contracted under the Special Marriage Act, 1954.
This legislation aligns the rights and obligations regarding succession with the provisions of the Indian Succession Act for Muslims and non-Muslims alike. The principles governing wills under Muslim law, while rooted in Quranic teachings and Hadis, impose specific restrictions, notably the limit on testamentary disposition to one-third of the estate. Additionally, the law of inheritance highlights significant differences between Sunni and Shia practices.
It emphasizes the importance of consanguinity and the structured categories of heirs. By exploring these dimensions, we can gain a better understanding of the legal intricacies shaping familial and property relationships within the Muslim community.
Wills Under Muslim Personal Law: An Overview
When a Muslim marries under the Special Marriage Act, 1954, whether to a Muslim or non-Muslim, Muslim law of succession no longer governs them, their spouse, or their children. Instead, the provisions of the Indian Succession Act, 1925, govern them. The same consequences follow if two Muslims marry under Muslim personal law and later register the marriage under the Special Marriage Act, 1954. This marriage will be considered solemnized under the Special Marriage Act, 1954.
The parties and their offspring will be governed by the provisions of the Indian Succession Act, 1925 in matters of succession, not by Muslim personal law. There is no specified minimum or maximum time limit for registering a marriage contracted under Muslim personal law under the Special Marriage Act, 1954.
The Quran regulates the law relating to wills or testamentary disposition for Muslims, which is divine in nature, and the traditions of the Prophet supplement it.There is a permissibility of making a will to the extent of only one-third of the property. The Quran declares wills as lawful,[i] though it does not provide for the testamentary restriction of one-third.
The permissibility of bequests up to one-third is traced to a Hadith of the Prophet. The law ensures minimal disturbance to inheritance laws. If the testator wishes to make a bequest, it should not exceed the one-third limit.[ii]
Requirements for Valid Wills Under Muslim Personal Law
A will executed under Muslim personal law does not require a probate. Under Muslim personal law, a will can be in writing or even oral. [iii] If it is oral, the intention of the testator should be sufficiently ascertained. Every Muslim (man or woman) who is of sound mind and has attained the age of majority can dispose of his/her property under a will.
Under Muslim law, a person becomes a major on the completion of the age of 15 years and till 1875, a 15-year-old Muslim was competent to make a valid will of his/her property. In 1875, the British authorities promulgated the Indian Majority Act, which prescribed the age of majority as 18 years. If a court appointed a guardian, the person attained majority upon completing 21 years.
The restrictions on the testamentary powers under Muslim personal law are of two types:
- Restrictions with respect to legatees
- Restrictions with respect to the extent of property that can be bequeathed.
A bequest in favor of an heir to the extent of one-third of the property is valid under Shia law but invalid under Sunni law unless the other heirs give their consent.
Gifts Under Muslim Personal Law: Rules and Regulations
A person during his lifetime enjoys full powers of disposal of his property. When the transfer takes effect immediately, the person is competent to dispose of the entire property, such as by sale or gift. However, if the transfer takes effect after death, such as through a will, under Muslim personal law, the person’s powers are limited to one-third of their net assets, calculated after death.
This restriction ensures that the legitimate rights of the heirs are safeguarded. The latter is due to the reason that the just claims of the rightful heirs should not be unreasonably interfered with. If the owner genuinely feels that either of his heirs does not deserve to have his property, or somebody else, or even one heir, has a better claim over it for any reason, he can always make a gift of his property in his favor. This allows for the distribution of assets as per the owner’s discretion.
One of the primary requirements for a gift is that it must be a voluntary act by the donor. The donor must be free from mental infirmity, whether natural or induced by pressure, undue influence, or fraud. An ordinary gift does not indicate haste, but a gift under an apprehension of death is made with a sense of urgency.
These gifts are made when there is doubt about the mental faculties due to the apprehension of imminent death. They have a separate status. The law treats these gifts differently, calling them gifts made during ‘deathbed illness’ or by a person suffering from ‘marz-ul-maut’. ‘Marz’ means illness or disease, and ‘maut’ means death, referring to terminal diseases.
The Concept of Inheritance in Muslim Personal Law
Customs and usages prevalent among the tribes of Arabia before the Quranic revelations derived the laws of inheritance under Muslim law. The Quranic principles and the Hadith of the Prophet supplemented and modified these laws. Contrary to popular belief, Quranic revelations were not the starting point of Muslim law. It was in existence even prior to that. It was systematized, concretized, and modified by the revelations and traditions of the Prophet.
Laws relating to Shias and Sunnis with respect to inheritance are different in many respects. This difference is primarily due to the interpretation of the Quranic provisions and their incorporation in the already existing system. The Sunnis kept the old framework intact, such as giving preference to agnates over cognates, and superimposed the Quranic principles on this old set-up.
The Shias, on the other hand, blended the old rules with the newly laid down rules. They revised the law prevalent under the Arabian customs and usages in light of the newly laid down principles. This led to a scheme widely different from the one propounded by the Sunnis.
Muslims do not have a concept of joint family, trading families, or rights by birth. There is, however, a single scheme of succession irrespective of the sex of the intestate. [iv] Blood relation or consanguinity is the primary principle on which succession is based and relations introduced in the family by marriage do not succeed.
Disqualification for Inheriting Under Muslim Personal Law
In terms of heritable property, Muslim law does not permit a person to bequeath more than one-third of their estate without the consent of their heirs. Furthermore, no one can transfer or renounce a bare chance of inheritance in favor of anyone else. [v] The heirs take a vested interest in the estate of the intestate the moment succession opens. Their ownership in their respective shares is not dependent upon its actual distribution by metes and bounds. [vi]
In accordance with the rules of exclusion, certain persons who otherwise would be heirs are disqualified from inheriting the property of an intestate. These grounds of exclusion are as follows:
- Difference in religion
- Homicide
- Illegitimate child
Muslim Personal Law: Sunni and Shia Inheritance Systems
Under Sunni law, the system divides heirs into related and unrelated heirs. In the first instance, the property is distributed among the sharers who are entitled to receive it. The Quranic revelations introduced sharers, who are heirs that were previously excluded.
It has fixed shares. Once sharers distribute the property, and anything is left, this surplus is residue and goes to the next category called residuaries. Muslim law in general does not recognize the principle of representation and provides for the rule of nearer in degree, excluding the remoter.
The Shias group the heirs of a deceased Muslim into two categories. These are consanguine heirs (related by blood) and relations by marriage (husband and wife).
CONCLUSION
Muslim personal law provides a nuanced understanding of inheritance, wills, and gifts, shaped by both divine directives and cultural traditions. The distinctions in legal frameworks between Sunni and Shia practices underscore the complexity of inheritance rights. They also highlight the implications of marital choices under various statutes. The limitations on testamentary powers reflect a commitment to justice within the family structure. The emphasis on protecting the rights of rightful heirs reinforces this commitment.
The recognition of wills and gifts demonstrates the balancing act between individual autonomy and the preservation of familial integrity. This ensures that both personal wishes and family rights are respected. As society evolves, the interpretation and application of these laws will continue to adapt, ensuring that they remain relevant in addressing contemporary issues faced by Muslim families.
This adaptability is key to maintaining the balance between tradition and modernity. Understanding these legal principles is essential for safeguarding rights and navigating the intricate landscape of Muslim personal law in India.
[i]Charles Hamilton’s Translation, The Hedaya, Or Guide: A Commentary on the Mussulman Laws, (2nd Ed., 1870).
[ii] Neil Benjamin Edmonstone Baillie, Digest of Moohummudan Law, (2nd Ed., 1875).
[iii] Mohammad Altaj v. Ahmad Buksh, (1876) 25 WR 121 (PC).
[iv] Mohammed Jaheer v. M V Mohammed Hussain Walayata, AIR 2013 Bom 77: (2013) 2 Mad LJ 294.
[v] Asa Beevi v. Karuppan, (1918) 41 Mad 365.
[vi] Jawai v. Hussain Baksh, AIR 1922 Lah 298.
