PLAI

Statute

Code of Muslim Personal Laws

198 provisions · showing BOOK THREE › TITLE III › CHAPTER I (14) · source

Article 110

The following persons shall be entitled to the inheritance as sharers to the extent set forth in the succeeding articles: (a) The husband, the wife; (b) The father, the mother, the grandfather, the grandmother; (c) The daughter and the son's daughter in the direct line; (d) The full sister, the consanguine sister, the uterine sister and the uterine brother.

Article 111

The husband surviving together with a legitimate child or a child of the decedent's son shall be entitled to one-fourth of the hereditary estate; should there be no such descendants, he shall inherit one-half of the estate.

Article 112

The wife surviving together with a legitimate child or a child of the decedent's son shall be entitled to one-eighth of the hereditary estate; in the absence of such descendants, she shall inherit one-fourth of the estate.

Article 113

The father succeeding together with the legitimate son of the decedent or a son of the decedent's son shall be entitled, as sharer, to one-sixth of the hereditary estate. The father who succeeds together with a legitimate daughter of the decedent or a daughter of the decedent's son shall inherit, as sharer, one-sixth of the inheritance without prejudice to his share as residuary.

Article 114

The mother succeeding as sharer together with a child or a child of the decedent's son, or with two or more brothers or sisters of the decedent, shall be entitled to one-sixth of the hereditary estate. Should she survive without any such descendant or with only one brother or sister, she shall inherit one-third of the estate.

Article 115

The paternal grandfather succeeding together with the child of the decedent or, in default thereof, with his descendants in the direct male line however, distant, shall be entitled to one-sixth of the hereditary estate. Should he survive with any sharer other than the brothers or sisters of the decedent, he shall be entitled to one-sixth without prejudice to his right as a residuary.

Article 116

The paternal grandmother succeeding in default of the mother, father, or intermediate grandfather of the decedent shall be entitled, as sharer, to one-sixth of the hereditary estate.

Article 117

(1) If the decedent leaves no son but one daughter, the latter shall be entitled to inherit, as sharer, one-half of the hereditary estate. Two or more daughters shall share equally two-thirds thereof. Should one or more daughters survive with one or more sons of the decedent, the latter shall be entitled to double the share of the former. (2) Should a lone daughter of the decedent survive together with his son's daughter, the two-thirds share shall be divided between them, one-half thereof to pertain to the former and one-sixth of the latter.

Article 118

The son's daughter shall, in the absence of any child of the decedent, be entitled to one-half of the hereditary estate. Two or more daughters of the decedent's son shall share the two-thirds of the estate per capita.

Article 119

Should the decedent leave neither descendant, father, nor full brother, the full sister shall be entitled as sharer to the extent of one-half of the hereditary estate. Two or more full sisters shall inherit two-thirds of the estate per capita.

Article 120

Should the decedent leave neither descendent, full brother, nor full sister, the consanguine sister shall be entitled to one-half of the hereditary estate. Two or more consanguine sisters shall inherit two-thirds of the estate per capita.

Article 121

The share of a uterine brother or sister shall be one-sixth of the hereditary estate should there be no surviving descendant, father, paternal grandfather, or full brother and sister of the decedent. Two or more uterine brothers or sisters shall inherit one-third of the estate per capita.

Article 122

(1) One or more full brothers and sisters surviving together, or one or more consanguine brothers or sisters surviving together, shall participate in the hereditary estate, a brother to inherit double the share of a sister. (2) The provision of the next succeeding article notwithstanding, the full brother shall, if nothing is left for him after the distribution of shares and he survives with uterine brothers, participate with the latter in the one-third of the hereditary estate per capita.

Article 123

The exclusion of heirs from the inheritance shall be governed by the following rules: (a) In the same line, the relative nearest in degree excludes the more remote. (b) Full-blood relatives exclude the consanguine and the uterine. (c) Whoever is related to the decedent through any person shall not inherit while the latter is living, except in the case of a mother concurring with her children. (d) Heirs who, in a particular case, do not succeed by reason of disqualification on any ground shall not exclude others.