Rights of inheritance rest upon the two principal grounds of marriage and blood relationship with the praepositus. In both cases, obviously, the tie with the praepositus must be a legal tie, that is to say the marriage must be one which is valid, and the blood relationship must be one which is legitimate, in the eyes of the law. The primary purpose of this first chapter, then, is to deal with these preliminary issues of precisely what constitutes a marital or a blood-tie for the purposes of inheritance. At the same time, the broad review of the basic institutions of Islamic family law which this entails will provide the general background necessary for a proper understanding of the scheme of succession law as a whole.

Marriage (nikāḥ)

A spouse relict in succession law is one whose marriage with the praepositus is (i) valid, and (ii) existing, actually or constructively, at the time of the decease.

The validity of marriage

For a marriage to be valid, the two principal requirements are the proper conclusion of the marriage contract and the absence of any impediment to marriage between the parties.

Proper conclusion of the marriage contract

Formalities

Like any other private contract, a marriage under traditional Sharīʿa law is validly concluded simply by the mutual agreement, oral or written, of the parties – the bride and bridegroom or their respective representatives.