Sunday, April 28, 2024
02:15 PM (GMT +5)

Go Back   CSS Forums > CSS Optional subjects > Group VI > Muslim Law & Jurisprudence

Reply Share Thread: Submit Thread to Facebook Facebook     Submit Thread to Twitter Twitter     Submit Thread to Google+ Google+    
 
LinkBack Thread Tools Search this Thread
  #1  
Old Friday, January 28, 2011
Member
Qualifier: Awarded to those Members who cleared css written examination - Issue reason: CE 2011 - Roll no 6180
 
Join Date: Oct 2009
Location: Lahore
Posts: 47
Thanks: 26
Thanked 47 Times in 18 Posts
diahameed is on a distinguished road
Default Help seniors

SALAM EVERYONE!!!!!!
Kindly explain these lines in simple words. The topic is WILLS and the sub heading is "WHAT CAN BE BEQUEATHED".
The lines are:
Abatement of legacies:where the bequests taken in the aggregate exceed the bequeath-able thirdand the heirs do not consent, in Hanafi law, the bequests abate rateably.
However, Ithna Ashari law does not accept the principle of rateable reduction. According to this law, of several bequests, the first in time prevails, until the bequeathable third is exhauste; and for the purposes of this rule, where several bequests are to be found in a will, priority is determined by the order in which they are mentioned.
Anxiously waiting for ur valued replies....................
Kindly do help me , particularly seniors........
Regards
Reply With Quote
  #2  
Old Thursday, March 31, 2011
Junior Member
 
Join Date: Mar 2011
Posts: 6
Thanks: 0
Thanked 3 Times in 3 Posts
azeemkazi is on a distinguished road
Default

Islamic Concept Of Bequest/Will:

The Holy Quran has allowed to issue bequest/will along with the normal legal framework of inheritance. Any sane and major person can issue will for his moveable/immoveable property. Will/bequest may be oral as well as written. There is requirement of presence of two Muslim sane and major males or one male and two females present at the time of making such will as witnesses. In case such Muslim witnesses are not available then witness of two sane and major males of Ahl-e-Kitab (People of the Book) would be sufficient.
According to the Saying of the Holy Prophet bequest/will would be effective up to 1/3rd of the property and it can be made only in the favor of the persons who do not fall in the category of successors. Under this principle, in presence of parents as successors a bequest/will can be made in favor of brother/sister or paternal grandfather/grandmother because in the presence of the parents they are not successors. In case if the deceased, during his life, made will in favor of any successor/non-successor which covers more than 1/3rd of the inherited property then such bequest/will can be challenged in the court of law by the successors and such will in excess of 1/3rd of the property may be cancelled.
Therefore, the Hanafi school of thought, following the principle of WILL effective against 1/3rd of property and where the heirs do not agree for more than that portion, then, the bequeath is effective to that 1/3rd portion only and where there are more persons nominated then their shares is adjusted and/or reduced within the limits of the same 1/3rd portion of property, resultantly, each would get due share.
On the other hand the Shia school of Thought recognizes the same principle of effectiveness of WILL to 1/3rd portion property, adopts procedure of Priority. Meaning that in presence of first degree successors, the remainders lose their right to inherit. The same principle is applied in WILL as well. The persons named in WILL are awarded according to the order in which they are mentioned. As soon as the limit of 1/3rd of property to be Willed is reached the remainders lose their right.

Details Of Successors According To Shia’ School Of Thought:
The successors, according to Shia’ School of thought are divided into two types;
1. Zo’-al-Farooz; The shares of these successors are mentioned in the Holy Quran and on whom there is consensus of all.
2. Asba’t; They share the remainder of the inherited property.
In Fiqah-e-Jafria there are three categories of blood related successors. In the presence of the successors of first degree, the remainder second and third degree successors lose their right. In the absence of successors of first degree, the second degree successors get the shares and in the absence of the second degree successors the third degree successors get the shares. However, the husband/wife is entitled to their respective shares in the presence of any degree successors.
1. Successors of First Degree: First degree successors consist of mother, father, son/daughter and their children at what so ever lowest level. In presence of children of deceased, the parents get 1/6th share each and in case deceased is issueless then mother gets 1/3rd and father gets all the remaining.
2. Successors Of Second Degree: The Second degree successors consist of paternal grandfathers/grandmothers, maternal grandfather/grandmothers, brother/sister and their children. In absence of brother/sister of the deceased the entire property would be distributed amongst paternal grandfather/grandmother at the ratio of 1:2 and in case of maternal grandfather/grandmother it would equally distributed. In case they all are present, paternal grandfathers/grandmothers would get 2/3rd and maternal grandfather/grandmother would get 1/3rd. If there are brother/sisters or their children present then grandfather (both paternal/maternal) would be given the share as if they were brother of deceased and grandmothers (both paternal/maternal) would be given the share as if they were sister of the deceased.
3. Successors Of Third Degree: The third degree successors consist of paternal uncles/aunts, maternal uncles/aunts and their respective children. Paternal uncle/aunt would get 2/3rd share and the remaining 1/3rd share would go to maternal uncle/aunt. In their respective absence, their children would get their share.

Last edited by Shooting Star; Sunday, March 25, 2012 at 01:35 AM.
Reply With Quote
The Following User Says Thank You to azeemkazi For This Useful Post:
diahameed (Tuesday, April 19, 2011)
Reply


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Senior's guidance is needed redmax CSS Competitive Examination 52 Wednesday, November 30, 2011 10:50 PM
Seniors please help me, I want 200 plus in Interview. Muqeet Asim Interview 4 Thursday, October 12, 2006 12:26 AM


CSS Forum on Facebook Follow CSS Forum on Twitter

Disclaimer: All messages made available as part of this discussion group (including any bulletin boards and chat rooms) and any opinions, advice, statements or other information contained in any messages posted or transmitted by any third party are the responsibility of the author of that message and not of CSSForum.com.pk (unless CSSForum.com.pk is specifically identified as the author of the message). The fact that a particular message is posted on or transmitted using this web site does not mean that CSSForum has endorsed that message in any way or verified the accuracy, completeness or usefulness of any message. We encourage visitors to the forum to report any objectionable message in site feedback. This forum is not monitored 24/7.

Sponsors: ArgusVision   vBulletin, Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.