DIFFERENCES AMONG SHIA AND SUNNIS IN THE LAW OF WILLS

Abstract

This paper will try to understand the difference between shia law and sunni law as well as the comparison between the Muslim law and the Hindu law and the procedure followed under law of wills in Muslim law. At a later stage this paper will focus on difference among shia and sunni with respect to law of wills with respect to the following points : Bequests to an Heir, Consent of Heir ,Consent in Case of Bequest to a Non-Heir, Lapsing of Legacy, Life-Estates, Will of a Person Committing Suicide, Bequests to Testator’s Murderer, Abatement of Bequests: II. SCOPE AND OBJECTIVE OF THE STUDY The object of the study is to analyses and to gain a fair idea about the reasons of differentiation between the shia and sunni law with respect to law of wills and to conduct a comparison between Muslim law and Hindu law. III. RESEARCH METHODOLOGY The methodology adopted is largely analytical and descriptive. Reliance has been placed largely on secondary sources like books and articles. IV. CHAPTERIZATION This project has been divided in four chapters. It consists of following chapters, Introduction (Chapter I), difference between the shia law and sunni law (Chapter II), comparison between Muslim law and Hindu law with respect to law of wills (Chapter III), and Conclusion (Chapter IV). VI. HYPOTHESIS Will is the Anglo Mohammedan word for Wasiyat. Generally, Wasiyat means will, but also has other meanings. It may signify a moral exhortation, a specific legacy, or the capacity of the executor. In general, a will means a document containing the desire, regarding how a person wants to utilize or divide his property, after he is dead. According to section 2(h) of Indian Succession Act 1925, Will is the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. For a Muslim, Wasiyat is a divine institution because it is regulated by Quran. It offers to the testator a means to change the course of inheritance to certain extent and to recognize the value of those relatives who are excluded from inheritance or strangers who might have helped him in life or in last moments. Prophet Mohammad has declared that this power is not unrestricted and should not be exercised to the injury of the lawful heirs. VII. MODE OF CITATION A uniform system of citation is followed throughout in the contents.