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Differences of Sunni and Shia Law on Testamentary Succession

Unread postPosted: Fri Dec 06, 2013 4:39 am
by Admin
(1) Capacity to make will
Hanfi Law – Puberty and same
Shia law – 10 (age of discernment)

(2) Consent of heirs to distribution of an otherwise ultra vires will:
Hanfia Law –consent after the death of the testator
Shia Law- consent can be given either after the testator’s death or duing his lifetime.

(3) Abatement:
Hanfi Law – proportionate reduction
Shia Law – first in time prevails.

(4) Bequests to an heir:
Hanfi Law – bequests to an heir are ultra vires
Shia Law- a bequest can be made in favor of an heir within one third of the distribution.

(5) Legatee Predeceases testator:
Hanafi law –legacy lapses
Shia Law –the heirs of the legatee have the option of accepting or rejecting the legacy

(6) Homicide:
Hanafi Law – if the legatee caused the death of the legato in a direct manner whether intentional otherwise the bequest is ultra vires.
Shia Law- only intentional homicide will deprive the legatee of the bequest, although in this case the bequest is batil and the legatee is absolutely barred.