Islamic Succession Law and the Vulnerable Heirs: A Comparative Study and Contemporary Legal Frameworks

Abstract

The Islamic law of inheritance system is a divine instruction by Allah (SAW) on how the property of a deceased Muslim is managed and distributed among the legal heirs. This study critically examined the rights of minors, unborn children, missing persons, and illegitimate child beneficiaries under the representative system of inheritance and non-Muslim minorities under the Muslim law of succession. The research interrogated the doctrinal foundation of these categories within classical Islamic jurisprudence and evaluated their contemporary application in the modern legal framework, particularly within legal systems. Classical jurists developed detailed rules to safely guide vulnerable heirs- such as reserving shares for the unborn child, suspending distribution in cases involving a missing person and protecting minors through guardianship leadership. At the same time, inheritance barriers relating to illegitimacy and differences in religion were strictly articulated, reflecting prevailing socio-legal contexts. The study adopted a doctrinal and comparative methodology, analysing primary sources of Islamic law alongside statutory reforms, judicial decisions and contemporary legislative interventions in selected Muslim jurisdictions. Particular attention was paid to the representative system of inheritance adopted in some modern statutes to address perceived inequities affecting grandchildren and other descendants who would otherwise be excluded under classical rules. The research found that classical jurisprudence demonstrated coherent internal logic aimed at preserving lineage, certainty and property rights, contemporary frameworks increasingly incorporated into welfare-oriented reforms to address social realities, minority protection, and child rights standards. This study research concluded that a principled reconciliation between classical doctrines and modern legal developments was both possible and necessary to ensure justice, equity, and social stability within Muslims succession law.