| rdfs:comment
| - 1. There is no distinction between real and personal, nor between ancestral and acquired property, in the Mohammadan Law of Inheritance. 2. Primogeniture confers no superior right. All the sons, whatever their number, inherit equally. 3. The share of a daughter is half the share of a son, whenever they inherit together. 4. A will made in favour of one son, or of one heir, cannot take effect to the prejudice and without the consent of the other sons, or the other heirs. 6. Slavery, homicide, difference of religion and difference of allegiance, exclude from inheritance.
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| abstract
| - 1. There is no distinction between real and personal, nor between ancestral and acquired property, in the Mohammadan Law of Inheritance. 2. Primogeniture confers no superior right. All the sons, whatever their number, inherit equally. 3. The share of a daughter is half the share of a son, whenever they inherit together. 4. A will made in favour of one son, or of one heir, cannot take effect to the prejudice and without the consent of the other sons, or the other heirs. 5. Debts are claimable before legacies, and legacies (which, however cannot exceed one-third of the testator's estate, must be paid before the inheritance is distributed. 6. Slavery, homicide, difference of religion and difference of allegiance, exclude from inheritance. 7. But persons not professing the Mohammadan faith may be heirs to those of their own persuasion: in the case of persons who are of the Mohammadan faith, difference of allegiance does not exclude from inheritance. 8. To the estate of a deceased person, a plurality of persons having different relations to the deceased, may succeed simultaneously, according to their respectively allotted shares, and inheritance may partly ascend lineally, and partly descend lineally at the same time. 9. The son of a person deceased shall not represent such person if he died before his father. He shall not stand in the same place as the deceased would have done had he been living, but shall be excluded from the inheritance, if he have a paternal uncle. For instance, A, B, and C are grandfather, father, and son. The father B dies in the lifetime of the grandfather A. In this case the son C shall not take jure representationis, but the estate will go to the other sons of A. 10. Sons, son's sons and their lineal descendants, in how low a degree soever, have no specific share assigned to them: the general rule is that they take all the property after the legal sharers are satisfied, unless there are daughters; in which case each daughter takes a share equal to half of what is taken by each son. For instance, where there are a father, a mother, a husband, a wife, and daughters, but little remains as the portion of sons; but where there are no legal sharers nor daughters, the sons take the whole property. 11. Parents, children, husband and wife must, in all cases, get shares, whatever may be the number or degree of the other heirs. 12. It is a general rule that a brother shall take double the share of a sister. The exception to it is in the case of brothers and sisters by the same mother only, but by different fathers. 13. The portions of those who are legal sharers only, and not residuary heirs, can be stated determinately, but the portions receivable by those who are both sharers and residuaries cannot be stated generally, and must be adjusted with reference to each particular case. For instance, in the case of a husband and wife, who are sharers only, their portion of inheritance is fixed for all cases that can occur; but in the case of daughters and sisters who are, under some circumstances, legal sharers, and under others residuaries, and in the case of fathers and grandfathers who are, under some circumstances, legal sharers only, and under others, residuaries also, the extent of their portions depends entirely upon the degree of relation of the other heirs and their number.
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