Inheritance and Succession under Muslim Laws
For Muslims in India, the laws governing wills and succession are governed by Muslim personal law, which is based on the principles of the Islamic legal system. Under Muslim personal law, a person can make a will at any time after they have attained the age of puberty and have the mental capacity to do so. A will must be in writing, signed by the testator or by some other person in their presence and by their direction, and must be attested by two or more witnesses.
A will can be used to specify how a person's property and assets should be distributed after their death, to appoint a guardian for minor children, and to make other arrangements for the distribution of their assets.
If a Muslim dies without a valid will, their property and assets are distributed according to the principles of Islamic inheritance law, which are based on the Qur'an and the Hadith . Under Islamic inheritance law, a person's property is divided among their heirs, which include their spouse, children, parents, and other relatives. The specific shares of the inheritance are determined by the relationship of the heirs to the deceased and by the type of property involved.
It is worth noting that the laws governing wills and succession for Muslims in India may vary slightly depending on the specific community or sect to which they belong. Some Muslim communities in India follow the Hanafi school of Islamic law, while others follow the Shafi'i or the Hanbali school. These different schools may have slightly different rules and principles for the distribution of a person's property after their death.
It is also important to note that Muslim personal law is not uniform across India, and the specific rules and practices governing wills and succession may vary from one community to another. It is advisable to seek the guidance of a qualified Islamic legal scholar or an attorney who is familiar with Muslim personal law in order to ensure that their will and succession plans are in compliance with the applicable laws. Also one should ensure that a will is in writing, signed by the testator and attested by witnesses, in order to ensure its validity.
In conclusion, making a will is an important aspect of estate planning as It allows an individual to specify how their property and assets should be distributed after their death.