Law: Islamic law

Section: 61,63,65,67

Islamic Law--- ----Inheritance---Hanafi law of inheritance---Classes of heirs---Deceased dying inestate---Nieces of such deceased, entitlement of---Objection of the female [two nieces]( the Objectors ) was that they would also join in shares claiming half of the share as compared to male---Validity---Under Para-61 Principles of Muhammadan Law, there are three classes of heirs, namely; (1) "Sharers" are those who are entitled to a prescribed share of the inheritance (2) "Residuaries" are those who take no prescribed share but succeeded to the "residue" after the claims of the sharers are satisfied and (3) "Distant Kindred" are all those relations by blood who are neither Sharers nor Residuaries---The first step in the distribution of the estate of a deceased Muhammadan, after payment of his funeral expenses, debts and legacies is to allot their respective shares to such relations as being to the class of sharers and are entitled to a share---The next step is to divide the residue (if any) among such of the residuaries as are entitled to the residue---If there are no sharers, the residuaries will succeed to the whole inheritance---If there be neither sharers nor residuaries, the inheritance will be divided among such of the distant kindred as are entitled to succeed thereto---The distant kindred are not entitled to succeed so long as there is any heir belonging to the class of sharers or residuaries---There are two fundamental principles of the Islamic Law of inheritance accepted by the Sunni Fiqah: the first principle is that the Qur'anic Sharers are to be given their prescribed shares unless a Qur'anic sharer is excluded by another heir according to the Rules of Exclusion prescribed in the Qur'an and Sunnah and elaborated upon by Islamic Jurisprudence (Sharia); the second principles is that after the Qur'anic Sharers have been given their shares the rest of the estate is divided amongst the nearest male agnates of the deceased as Residuaries---The agnates are the persons related to the deceased through a male link---Consequently, the son of a deceased brother is a male agnate---In the present case,…