Comparative Analysis of Conventional and Islamic Inheritance Laws

Abstract

This paper will make a comparison between the conventional inheritance laws and the Islamic inheritance laws with the aim of demonstrating their key principles, the process through which the inheritance is allocated, and their implication for society. In the common ("Western") law systems, the inheritance law has much more stress on testamentary freedom, i.e., letting the individuals decide how their assets should be distributed when they die. By contrast, the Islamic law of inheritance, which is based on Sharia, fixes shares received by heirs, leading to a systematic division of wealth as dictated by the religious principles. This paper explores the fact that these divergent practices make a difference in family life, gender equality, and equal distributions of wealth in different cultures. This paper, through the legal analysis and case study of various jurisdictions, attempts to present the implications of these types of inheritance on individuals and society at large.