A senior lawyer in India’s Kerala High Court has proposed an amendment to the Muslim Personal Law (Shariat) Application Act, 1937. The current law, based on classical Sunni inheritance rules, can disinherit orphaned grandchildren whose parents predeceased their grandfather. This occurs because closer relatives, like uncles, inherit the estate, leaving the orphaned children with nothing.
The proposal, submitted to the Law Commission, suggests introducing an ‘Obligatory Bequest’ (Wasiyyat Wajibah). Under this concept, children of a deceased son or daughter would receive their parent’s rightful share of the inheritance, capped at one-third of the total estate. This reform would not require rewriting Islamic law, as a bequest up to one-third of an estate to a non-heir is permissible under the Hanafi school.
This proposed change draws inspiration from legal models in countries like Egypt, Tunisia, Jordan, Kuwait, and the Emirates. These models offer various approaches to ensuring orphaned grandchildren receive a share of their grandparents’ property. The aim is to create a fair system that aligns with India’s constitutional principles of equality and non-discrimination.
The lawyer advocates for a model that treats children of both sons and daughters equally, caps the bequest at one-third, and applies to both Sunni and Shia Muslims. This approach aims to restore a secure claim on family property for orphaned grandchildren, ensuring they are not left without provision due to the circumstances of their family members’ deaths.
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Source: indianexpress.com
