Opinion 5:
In my opinion, the person can not be facilitated with 50 percent share of property due to absence of following reasons:
5. The children from second wife are not illegitimate.
6. No son of second wife has changed his religion.
Q: Write an illustration of doctrine of radd under Muslim law ?
Ans: After the division of shares, the total allotted shares are less than 1, and there is no residuary to inherit the residue, then the residue reverts back to the sharers in same proportion of their shares. The only exception to this rule is that the wife or husband is not entitled to receive the return in the presence of an heir. This is the doctrine of radd or doctrine of return. Following is an illustration for better understanding: The mother of the deceased has 1/6 share and the daughter has 1/2 share of the estate. The total is 2/3, which is less than 1. Hence the doctrine of radd will be applied. Step 1: Make a common denominator. Here the common denominator is 6. Step 2:Decrease the denomination and make it equal to the sum of numerators. So , 1/6 + 3/6 becomes 1/4 +3/4 which is equal to 1.
Comments
Post a Comment