Hindu and Muslim Law of Succession: Key Differences

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Hindu Law of Succession and Muslim Law of Succession are two different and vast legal systems that primarily govern the overall process of inheritance and succession of property among Hindus and Muslims, respectively. While both systems have evolved over centuries and incorporate various regional and cultural variations, there are key differences between Hindu and Muslim law of succession. This article provides a brief discussion of key differences between the Hindu and Muslim Law of Succession.

Hindu and Muslim Law of Succession

Hindu Succession Law

In India, the inheritance and succession of property among Hindus (including Sikhs, Jains, and Buddhists) is governed by the Hindu Succession Law. Under the law, a Hindu man’s property is distributed among his immediate family members equally, including his wife, children, and grandchildren. In the absence of children, the property is shared by the wife, mother, and siblings. The history of Hindu Succession Law has witnessed several significant changes. Prior to 1956, Hindu women had limited rights to inherit property. In 2005, the law underwent substantial amendments to remove gender-based discrimination. The amendments granted daughters equal rights as sons in ancestral property and expanded the scope of inheritance for women. If a Hindu dies intestate (without a will), the property is divided as per the law.

Muslim Succession Law

In India, the principles of Islamic Shariah govern Muslim Succession Law. According to the law, a Muslim’s property is divided among his or her legal heirs. The heirs are classified into two categories: sharers and residuaries. Sharers are entitled to a fixed portion of the estate, which includes spouses, children, parents, and grandparents. Residuaries receive the remaining portion of the estate after the sharers have received their shares. The shares of the heirs are determined based on specific rules and proportions outlined in Shariah. The aim of the law is to ensure fair distribution of the deceased’s property among eligible heirs in accordance with Islamic principles.

Key Differences

Source of Law

  • Hindu Law: Hindu Law is a codified law where the inheritance and succession of property in the Hindu religion is dealt with under the provisions of the Hindu Succession Act, 1956. This Act is not applicable in the case of marriages performed under the provisions of the Special Marriage Act, 1954. The Hindu law of succession for property is primarily derived from ancient Hindu scriptures or religious texts including the Vedas, the Manusmriti, and the Dharmashastra. Along with this, customary practices, legislative enactments, and various judicial decisions also play a significant role in influencing the Hindu law of succession.
  • Muslim Law: It is not a codified law. In general, there are four main sources of the Muslim Law including the Quran, Sunna, Ijma, and Qiyas. The Muslim law of succession for property is derived from the Quran, the Hadith (sayings and actions of Prophet Muhammad), and the consensus of Islamic jurists. The Muslim law of succession is a component of the Muslim Personal Law, which encompasses various aspects of personal life for Muslims, including marriage, divorce, and inheritance.

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