MUSLIM PERSONAL LAW

2. Islamic law says

• This decision has put the spotlight on Islamic principles of inheritance.
• The Koran, through Surah Nisa clearly outlines the principles of inheritance for both direct and indirect heirs.
• Verse 7 states, "For men, there is a share in what their parents and close relatives leave and for women, there is a share in what their parents and close relatives leave whether it is little or much. These are obligatory shares". 

• In marriage, according to Islam, it is the man who is supposed to bear the family expenses, including residence, food, clothing and medicine besides maintenance of his wife, education of his children and looking after his parents.
• If the husband predeceases his wife, she gets a one-eighth share of his property, if the couple has children.
• Otherwise, she gets one-fourth. There is also a share for paternal uncles, aunts, etc as long as they are blood relatives. Same for grandparents if they are alive. 
• Each parent gets one-sixth if the son passes away before them and leaves the children behind.
• The problem, as in the case of the Kerala couple arises, when a couple has only a daughter or daughters.

3. Various options

• Within Islamic law, options are available to such a couple in case they want the property to remain within the family.
• The first option is to make a will or vasiyat under which a person can declare that upon his death, a particular heir shall inherit not more than one-third of the property.
• This is often done in case one of the children is not financially sound or has special needs, or has served his or her parents more than other children.
• For instance, if two children stay abroad and one child stays back with parents to look after them in old age, such as provision may be used.
• Many Muslim families used this provision during the Partition when many families were divided.
• While some children crossed over to Pakistan, others remained here with their parents.
• Besdies vasiyat, there is also the concept of virasat.
• Under virasat or inheritance, there is the option of hiba which allows the unrestricted transfer of wealth or property to a person during the lifetime of the donor.
• In the case of the Kerala couple, hiba provisions could have been used to transfer all the property in the name of the daughters during the lifetime of the parents.
• This is like a gift deed. Importantly, while the Islamic division of property clauses for relatives comes into force once a person dies, a gift deed can be made during one's lifetime.
• The jury is out on whether the Kerala couple's actions went against the tenets of Islam or arose from parents' anxiety to secure the future of their children.

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