Law Blog!

On account of a fundamental rule of inheritance under Muslim law that “a nearer in degree excludes the more remoter” the children of a predeceased son or daughter can not inherit the property of their grandfather or grandmother who is survived by a son or sons. All the schools and sub-schools of Islamic law unanimously accepted this fundamental rule. So it is evident that in the opinion of Islamic jurists the provision of representation in respect of inheritance is absence in Muslim law. As under this principle grandchildren are excluded from inheritance, different Muslim countries of the world attempted to solve this problem by taking various devices.

In Syria and morocco the children of a predeceased son who would be excluded from succession  under sharia  law ,are now entitled to either the share of their father which they would have taken ,had he survived the propositus or one third of the net estate ,whichever is  less .But till now no provision has been made for the children of the deceased ’s daughter.

In Egypt the children of a predeceased son or daughter is entitled to  the share of their parent which they would have received ,had  he or she survived the propositus ,but within the maximum limit of one third of net estate.

Some Middle Eastern countries have adopted the device of ‘obligatory bequests’. In Libya the will act 1994 introduced obligatory bequest for orphaned grandchildren through predeceased sons. But Bangladesh and Pakistan have accepted the rule of representational succession for the orphaned grandchildren. Section 4 of Muslim family law ordinance1961 provides;

In the event of the death of any son or daughter of the propositus before opening of succession ,the children of such son or daughter ,if any ,living at the time of succession opens ,shall per stirpes receive a share equivalent to the share which such son or daughter ,as the case may be ,would have received if alive.’

According to this section a grandson or granddaughter represents his or her father or mother at the time of death of grandfather or grandmother and inherit what their parent would have inherited if alive, it is called representation. So representation means a more distant relative steps into the shoes of a nearer relative (e.g. a son representing his father) and inherits in an identical manner to the individual he represents. This doctrine of representation has brought in some cases caustic injustice to some heirs of the deceased .For the better understanding the latent injustices in section 4 of MFLO; we can discuss it by giving some examples;

Firstly; a dies leaving behind one daughter and one son’s daughter. So under Islamic law of inheritance daughter gets three-fourths and granddaughter gets one –fourth but according to this ordinance daughter gets one-third and granddaughter gets two-thirds. Only this single injustice upsets the whole community. Here both the heirs are female one is one degree nearer than the other one but nearer gets half of property of remoter. Do you think it is justice?

Secondly; under the ordinance the doctrine is applied only for the descendents of the deceased. It means the entire property which the deceased son would have inherited, if alive, goes to his children, depriving his wife and other relatives. For example; A dies leaving B, a son and D a grandson from predeceased son C and C’ s wife E. Here the property will be divided into two. B gets half and the rest half goes to D. So E is completely deprived .Is it justice?

Thirdly; the propositus dies leaving a daughter of a predeceased son and a full brother. Under MFLO, the entire property goes to son’s daughter and she completely excludes full brother. Is it not injustice?

Fourthly, Son is duty–bound to maintain his father but son’s son is not obliged to maintain his grandfather .So equal distribution among son and grandson is not justice.

Although section 4 of MFLO protected the right of grandchildren yet for the abovementioned injustices to the heirs it should be amended.

References:

A Text Book On Islamic Law– Dr. Muhammed Faiz-ud-din.

Shariah Law and Society– A.M.Siraj uddin.

Principles of Mahomedan Law– D.F. Mulla.

The Muslim Law of India– Tahir Mahmood.

Don’t get caught out by the new rules on privacy laws which allow the media to attend many private family court hearings where previously they would have been excluded, says family law solicitor Anne Blenkinsop.

The rules, which came into force on April 27 2009, aim to encourage greater openness in future.

Anne, a partner and a collaborative lawyer* at leading regional law firm Furley Page, explains: “While the majority of such proceedings won’t be of interest to the press, there is always the chance that a reporter will ask to be admitted to the court room. They might be present, for example, when the court fixes the time table for financial disclosure and valuation of assets – or at the final hearing at which the assets are divided.

“But even if they are permitted to attend a hearing, it doesn’t give them the right to see private documents. Neither can they necessarily communicate information relating to the proceedings to the public.”

The media is excluded when the identity and interests of a child, a party or a witness need protection. The court can make this decision after hearing representations or on its own initiative.

* The collaborative family law process is a relatively new way of dealing with family difficulties and aims to resolve disputes in a fair way. It involves private face-to-face meetings between a separating couple and their solicitors and is felt to be preferable to the standard procedure of negotiating by letter and telephone. Both parties and solicitors sign an agreement to resolve the couple’s differences without going to court. If successful, their case would then be unlikely to attract any media attention.

There are many hardships a family can face during a lifetime. When the unthinkable happens, such as experiencing a divorce, finding out about child abuse or a child abduction, or having to deal with property settlements, the legal terms and rules will not be foremost on your mind. In cases like these, the amount of work to be done can seem overwhelming. The legal system is a very complex system, and although it might seem expensive and time consuming to seek advice from a lawyer, doing so can save both money and time in the future. It is important to seek advice from a lawyer who specializes in your specific legal problem. He or she will use expertise and experience to reach a satisfactory outcome to the situation. If one of the situations above happened, one would seek out a Family Lawyer.

Family law is the area of the law that deals with domestic relations and family related issues. Complications that arise from situations such as the nature of marriage and domestic partnerships, issues involving spousal or child abuse and child abduction, and issues arising from the termination of a relationship such as divorce, annulment, property settlements, and parental responsibility are all included under the category of Family Law.

Relying on settlements without the aid of a family lawyer can be very risky. Without the legally binding decisions, trouble can be caused if one of the parties involved in the settlement decides to change his or her mind in the future. This is especially important in property settlements. “Property” in a property settlement can be interpreted as almost anything that is capable of being owned. A property settlement includes everything belonging to a couple, regardless of who bought it, who’s name it is in, or if it was owned before the marriage.

In the situation of a property settlement, it is easy to see how the amount of work can become overwhelming. This is where a family lawyer can be extremely helpful. When most people think of a lawyer, they immediately assume a court visit is in order, but in family law situations, this is not the case. In fact, going to court is often best left as a last resort. Most family law cases can be solved through simple negotiations between the parties involved. The lawyer will help obtain a satisfactory settlement and insure that complications will not be ongoing. Outcomes are not simply a 50:50 split of the assets, but rather a division based on the circumstances of the specific situation. It sometimes requires an outsider to have unbiased view of what those circumstances really are. The family lawyer will help determine and organize information about factors such as age, health, education, and job qualifications to decide how the case will be settled.

If parties are open and honest in a family law situation, settlement of a case should go smoothly for everyone, resulting in a satisfactory outcome. Experiencing any type of family trouble can be extremely stressful, causing strong emotions and thoughts to occur. A family lawyer is a sound investment that will listen to the concerns of all those present, and will give objective advice about legal obligations and rights of entitlement until a desired settlement is reached.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

SEPARATION AGREEMENT – In a marital breakup, a document that outlines the terms of the couple’s separation.

Separation Contracts are generally made by the husband for himself and by the wife with trustees. This contract does not affect the marriage, and the parties may, at any time agree to live together as husband and wife. The husband who has agreed to a total separation cannot bring an action for criminal conversation with the wife.

So, it’s kind of like a temporary divorce. You can get a Vallejo family law attorney to provide you with a separation contract. It’s easy, fast and relatively cheap to do. If you find that you do in fact need a divorce, having an existing separation contract makes the divorce very easy to execute.

The provisions of a separation contract created by a Vallejo family law attorney are binding upon both parties. The provisions become binding once the final decree is filed with the courts. It is possible that the court may rule that the contract is unfair. So, you’ve got the courts on checking up on your Vallejo family law attorney. In most cases, the whole process is pretty streamlined. The Vallejo family law attorney draws up the contract, you and your spouse sign it, and that’s it!

So why might you want to have a Vallejo family law attorney draw up a separation contract?

Well, the main reason is that it’s cheaper than settling your differences in court. Another reason is that you can live separate lives without officially getting divorce. You can still get a divorce if you need one, and having a seperation contract makes getting a divorce really easy (or at least much easier). The reason is that there’s nothing left to fight over. All the issues are resolved in the separaton contract that your Vallejo family law attorney created for you. If you need to get a divorce, all you need to do is file a few forms and you’re done.

This Vallejo family law separation contract may provide for alimony for either party, rules for using property, provisions regarding children’s residency, and child support.

If you need a Vallejo divorce, the first thing is to file a divorce action. A Vallejo family law attorney can help you with this. Don’t worry, it’s not expensive. The expensive parts come later. Once your Vallejo family law attorney has filed your case, you can seek to enter into a separation contract or Vallejo mediation. These two options will save you time and money. Talk to your Vallejo family law attorney about it.

Seattle family law cases are governed by the rules of King County Superior Court. Under those rules, parties must attempt to mediate before going to trial. A family law mediation usually takes place at the office of a third-party, neutral Seattle family law attorney with whom the parties contract to help resolve the issues of their case. This attorney must be experienced in the nuances of Seattle family law so that he or she may advise each side as to how a judge is likely to rule if the case went to trial. The parties usually remain separate from each other during the mediation, and the mediator travels back and forth between each party’s station with offers and counter-offers from each side.

Not all counties in Washington State require mediation. Nevertheless, it is generally a good idea to at least attempt mediation before incurring the stress and expense of trial. Paying a Seattle family law lawyer to appear at trial can be very costly, and court trials are quite stressful. Furthermore, when parties separate, there is usually already a lot of stress in the relationship. The parties do not make good decisions about one another and sometimes hold onto animosity that keeps them from making agreements. Unfortunately, this stalemate can lead to less than desirable consequences, and your lawyer will have to charge you to argue for you in court.

However, it is also not wise to jump to settlement too soon. Often parties in Seattle family law disputes “just want things to be over” and will settle before making an informed decision. The Seattle family law attorneys at McKinley Irvin can help you assess your divorce case and help you get it resolved in a way that is fair to all parties. Our Seattle child custody, divorce, modification, and adoption lawyers understand the emotional challenges of divorce and can help you by being a clear thinker during an unclear time. Give us a call and come in for a consultation on your Seattle family law case today because divorce doesn’t have to be a nightmare.