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DIFFERENCES AMONG SHIAS AND SUNNI IN THE LAW OF WILLS

Rough Draft of Family Law - II


On
Differences among Shias and Sunni in the law of Wills

Submitted To:Mr. Ravi Ranjan Kumar


Faculty of Family Law - II

Submitted By: Kumar Vikram Aditya


Roll No. 1023
2nd Year B.B.A. LL.B. (Hons)

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DIFFERENCES AMONG SHIAS AND SUNNI IN THE LAW OF WILLS

INTRODUCTION
Will is the Anglo-Mohammedan term for its Arabic equivalent Wasiyat, Generally Wasiyat
means will but it has also other meanings. Tyabji defines will as "Conferment of right of
property in a specific thing or in a profit or advantage or in a gratuity to take effect on the
death of the Testator". According to M. Sautayra, A will from the Mussulman's point of view
is a divine institution since its exercise is regulated by Quran. It offers to the testator the
means of correcting to a certain extent the law of succession, and of enabling some of those
relatives who are excluded from inheritance to obtain a share in his goods, and of recognizing
the services rendered to him by a stranger, or the devotion to him in his last moments. At the
same time, the Prophet has declared that the power should not be exercised to the injury of
the lawful heirs. No writing is required and no particular form even of verbal declaration is
necessary as long as the intention of the testator is sufficiently ascertained.
Generally, the terms wassaya or wassiyat or bequest or legacy or testamentary disposition or
bequeath are used synonymously with a will. According to Section 1(h) of Indian Succession
Act, 1925: Will means a legal declaration of the intention of a testator with respect to his
property, which he desires to be carried into effect after his death. Under Section 31 of the
Indian Penal Code, 1860, Will denotes any testamentary document. Similarly under Section
3(64) of General Clauses Act, Will shall include codicil and every writing making a
voluntary posthumous disposition of property. Requisites of a valid will.The essential
requisites of a valid will, under Mohammedan Law are as follows: The testator must be
competent to make the will. The legatee must be competent to take the legacy or bequest. The
subject of bequest must be a valid one. The bequest must be within the limits imposed on the
testamentary power of a Muslim i.e. only 1/3rd should be bequested. Under Mohammedan
Law, no writing is required to make a Will valid and no particular form of verbal declaration
is necessary as long as the intention of the testator is sufficiently ascertained.
In this project work we shall discuss about the meaning of the will and its various concept
like who can be testator and who can be legacy and further the major differences between
Shia and Sunni law of will.

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DIFFERENCES AMONG SHIAS AND SUNNI IN THE LAW OF WILLS

AIMS AND OBJECTIVES


The prime objective of the researcher is to:

To acquaint him with the meaning of will.


To know various aspects related to will.
To know differences between Shia and Sunni law of will.
To know various case laws.

HYPOTHESIS
The hypothesis taken by the researcher is that the general rule is that a Mohammedan cant
bequest more than 1/3rd of his property through will but can he bequest in any circumstances
or not.

RESEARCH METHODLOGY
The various books, various articles, websites, Law journals, Acts, Treatises, are referred for
this topic. The sources from which the material for this research collected are secondary. The
methodology used in the research has been Doctrinal. No non-doctrinal method has been used
by the researcher in this project work.

SOURCES OF DATA

Secondary Sources: - Books on Mohammedan Law, Websites, and Journals etc.

TENTATIVE CHAPTERISATION
1. Will Definition under Mohamadden Law
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DIFFERENCES AMONG SHIAS AND SUNNI IN THE LAW OF WILLS

2. Various Concept related to Will under Mohamadden Law


3. Differences between Shia and Sunni Law of Will
4. Conclusion

BIBLIOGRAPHY
BOOKS:

Dr. Paras Diwan, Muslim Law in Mordern India, 9th Edition, 2006, Allahabad Law

Agency.
Ameer Ali, Commentaries on Mahommedan Law, 5th Edition, 2007, Hind Publishing

House.
I. Mulla, Commentary on Mohammedan Law, 1st Edition, 2007, Dwivedi Law

Agency.
Dr. Mohammad Nazmi, Mahommedan Law, 3rd Edition, 2012, Central Law

Publications.
Aqil Ahmad, Mahommedan Law, 25th Edition, 2014, Central Law Agency.

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