Conditions Necessary for Succession

Under Islamic Law of Succession (Farā’iḍ), inheritance does not take place automatically. Certain essential conditions must be fulfilled before the estate of a deceased person can be lawfully distributed among the heirs.

1. Death of the Propositus

The first and most fundamental condition for succession is the death of the propositus (the person whose property is to be inherited).

Death must be legally and conclusively proven, whether by actual death or by a decree of a competent court of law.
A government-issued Certificate of Death is commonly used as official proof of death.

2. Heirs Must Be Alive

Only those persons who are alive at the time of the death of the propositus are entitled to inherit.

Only heirs alive at the moment of the death of the propositus can inherit from the estate.
If an heir dies after the death of the propositus but before the actual distribution of the estate, his or her share will pass to his own heirs.
An embryo conceived during the lifetime of the propositus is entitled to inherit only if it is born alive.

3. Estate or Property Must Be Left by the Deceased

Succession can only occur if the deceased has left behind property or assets capable of being inherited.

The Law of Succession applies to all kinds of property, whether ancestral or self-acquired, movable or immovable.
The property, no matter how small, must be distributed among the rightful heirs in accordance with Islamic law.

“These conditions ensure that inheritance is distributed with justice, certainty, and adherence to divine law before any division of the estate takes place.”