Protection of Property Rights Inheritance Under Muslim Law
Introduction of Inheritance Under Muslim Law
Inheritance disputes are always emotionally exhausting and legally complex, especially when there are several heirs. The case study examines how a family addressed property rights issues inheritance under muslim law that arose after the death of their father.
Situation of Inheritance Under Muslim Law
Family Structure
The father had two wives, and the customer, together with his siblings, was from the first wife. Upon the death of the father in December 2019, disputes arose over the ownership and sale of inherited properties.
Sale of Properties without Consent
The second wife began selling properties that the customer felt should belong to them and their siblings. These were done without the knowledge or approval of the heirs, which gave rise to suspicions of a violation of their inheritance rights.
Legal Issues
Some of the customer’s and siblings’ questions were as follows:
- What are their rights in the properties according to Muslim Inheritance Law?
- Was it lawful for the second wife to sell the properties without their consent?
- What could they do to safeguard their share of the inheritance?
Solution of Inheritance Under Muslim Law
The family followed the following four steps to reach a conclusion:
Step 1: Legal Consultation
The family, sought legal opinion to confirm how the estate should be divided according to Muslim inheritance laws.
- Determine whether the second wife’s sale of the properties was within the law.
- Explore their options to contest the property sales.
The lawyer explained that, according to the Muslim law of inheritance, property rights are transferred to heirs after the death of an owner. The legal heirs, including all the children from both wives, are entitled to get a share in the estate. Generally, selling inherited property without consent from all heirs is not permitted.
Step 2: Verification of Property Ownership
He explained the procedure for the completion of the properties in an ordinance to the family as follows:
- Title deeds that would provide evidence of ownership.
- Sales documentation initiated by the second wife.
- Will whatsoever be left behind by their father, if there be one.
These would allow the determination of the act that the second wife was empowered to sell the properties.
Step 3: Establishing Their Case
The following steps were taken by the family to build a strong case through the attorney:
- A proof of death of their father and their legal position as heirs.
- Informing the second wife formally and, therefore, demanding an account of the sales of properties and points of legal justification for her acts.
- Getting ready for future litigation depending on events stemming from the unauthorized sales.
Step 4: Mediation and Negotiation
He proposed mediation before going to court in an effort to settle the dispute amicably. This required:
- A neutral mediator, who can help the client, their siblings, and the second wife reach a compromise.
This implies a proposal of a fair distribution of the remainder of the estate under the laws of inheritance under Muslim law.
Next Step:
Legal mediation fails, the attorney informed the family to file suit for partition to ensure a legal split of the estate and thus protect their share.
- Challenge, before the court, the unauthorized sales, with a view towards setting aside any transactions made without their consent.
- Move for obtaining a temporary injunction on any further transactions over the property until the case is resolved.
Best counsel— The lawyer also emphasized the importance of having an expert property valuer ascertain the real value of the estate.
Making sure that every legal step was taken by following the principles of inheritance according to Muslim law.
Under Islamic inheritance law:
- Because of traditional financial responsibilities, male heirs usually have double the share of female heirs of the same degree.
- The law provides that there is equality in the distribution of both movable and immovable property.
- Unauthorized sales of inherited property can be contested, allowing rightful heirs to reclaim their share.
Conclusion
This case highlights the complexity of inheritance disputes in Islamic law, especially with multiple families involved. Heirs might need advice, check property transfers, and consider mediation to protect their rights. Swift and careful action can help them safeguard the inheritance and fulfill their religious duties to their father as per Quranic law.
If you are facing similar inheritance issues, then please approach Zolvit for expert property legal advice and assistance.