Book contents
- Frontmatter
- Contents
- Introduction
- 1 Family ties as grounds of inheritance
- 2 Priorities in inheritance
- 3 Primary heirs
- 4 Substitute heirs
- 5 Secondary heirs
- 6 Grandfather and collaterals in competition
- 7 Succession by the outer family
- 8 Inheritance in Shīʻī law
- 9 Reforms in the traditional system of priorities
- 10 Dual relationships
- 11 Impediments to inheritance
- 12 Conditions of inheritance
- 13 Bequests
- 14 The limits of testamentary power
- 15 Death-sickness
- Index
- Frontmatter
- Contents
- Introduction
- 1 Family ties as grounds of inheritance
- 2 Priorities in inheritance
- 3 Primary heirs
- 4 Substitute heirs
- 5 Secondary heirs
- 6 Grandfather and collaterals in competition
- 7 Succession by the outer family
- 8 Inheritance in Shīʻī law
- 9 Reforms in the traditional system of priorities
- 10 Dual relationships
- 11 Impediments to inheritance
- 12 Conditions of inheritance
- 13 Bequests
- 14 The limits of testamentary power
- 15 Death-sickness
- Index
Summary
Substitution is not representation
Grandchildren and grandparents, at the second or a more distant degree of removal from the praepositus, may properly be called substitute heirs for the children and parents of the praepositus inasmuch as they inherit, when entitled to do so, on broadly the same principles as the latter. But the principle of substitution must be carefully distinguished from that of representation. Representation, in its strictly technical sense as a principle of succession, means that a more distant relative steps into the shoes of a nearer relative of the deceased and is treated for purposes of inheritance exactly as if he were in fact that nearer relative. This is not the case with the substitute heirs. They succeed in their own right as the relatives nearest in degree along a certain line of connection with the praepositus. And because they stand at the second or further degree of removal from the deceased, their position as legal heirs, both as regards their own entitlement and the effect their presence has on the entitlement of other relatives, is not always precisely the same as the position of the respective primary heirs would be in similar circumstances.
Grandsons
An agnatic grandson (the son of a son how low soever) is de jure excluded from succession by any son of the praepositus, whether this latter be his own father or his paternal uncle, but not by any other relative.
- Type
- Chapter
- Information
- Succession in the Muslim Family , pp. 52 - 64Publisher: Cambridge University PressPrint publication year: 1971