Issues Intestacy Shares under Sharia Law and California Probate Code - Thesis Example

In addition, a Sharia trust has the added advantage of setting aside surplus wealth to meet contingencies of the future. The law and practice of Sharia tend to be prescriptive, and heirs under this regime obtain rights to aliquot shares in the estate of the individual from whom they have descended.2 With regard to the Sharia law, it is obligatory for a Muslim to follow the strict formulation that it prescribes, in the context of dividing property among the heirs. Moreover, this obligation is religious; and individuals cannot inherit or disinherit the members of their family, in accordance with their whims and fancies.

This latter requirement is aimed at averting potential conflict in a family unit. The objective of the Qur’an is to severely restrict any act that could jeopardize a family unit. 3 At several places, the Qur’an provides clear cut instructions regarding the disposal of property. Thus, verse seven of the fourth chapter declares that men and women have a share in the property left by parents and near relatives. Such share hold good, irrespective of the extent of the property. This has the effect of providing them with a determinate share.

An elaborate account of the laws related to inheritance shares is to be found at verses 11 and 12 of chapter four.4 Despite these exhortations, the Qur’an does not provide a comprehensive scheme for dealing with the distribution of inherited property and wealth. Further instructions, have to be gleaned from the Hadith or recorded sayings of the Prophet Muhammad. This makes it abundantly clear that a will that complies with the Qur’an and Hadith should be in place. In addition, these sources of inheritance law permit scholars to divide a structured and rule based mechanism of inheritance.

5 It is incumbent upon Muslims to possess a written will, as per the tenets of the Sharia law. In fact, the Prophet Muhammad had declared in the collection