Islamic Law of Inheritance, Wills, and Gifts
Estate distribution is strictly governed by pre-assigned legal parameters.
- Inheritance: Under the Hanafi law of inheritance, there are 3 classes of heirs. 'Residuaries' are those who take no prescribed share but succeed to the residue after the claims of shares are satisfied. The heritable property of a Muslim encompasses both ancestral and self-acquired property.
- Wills: A minor of sound mind cannot validly dispose of his property by will (the options for fractions like 1/3 do not apply because a minor lacks capacity).
- Gifts (Hiba): A gift made to an unborn person is void. A gift may be legally revoked before the delivery of possession and when the donee is dead before acceptance.