Inheritance Laws in Maldives
Inheritance laws in the Maldives are primarily governed by Islamic law (Shari'a), particularly for Muslims. Since the Maldives is a predominantly Muslim country, the inheritance system is largely influenced by Islamic inheritance principles, which are based on the teachings of Shari'a law. However, the country also has some provisions for non-Muslims living in the Maldives.
A. Inheritance Laws for Muslims in the Maldives (Shari'a Law)
Under Shari'a law, inheritance follows the principles of Faraid, a system of fixed shares outlined in the Qur'an. These rules apply to Muslims, and the estate is distributed among the heirs based on their relationship with the deceased.
1. Basic Principles of Faraid (Islamic Inheritance):
Islamic inheritance laws are based on clear guidelines for distributing the deceased's estate among their legal heirs. The shares are defined for each family member, with certain individuals receiving fixed portions of the estate. Faraid is designed to ensure that the wealth is passed on fairly among the heirs.
2. Shares for Key Heirs Under Faraid:
Spouse:
- Wife: The wife receives one-eighth of the estate if the deceased has children; if there are no children, the wife receives one-quarter of the estate.
- Husband: The husband receives one-fourth of the estate if the deceased has children; if there are no children, the husband receives one-half of the estate.
Children:
- Sons receive twice the share of daughters. For example, if there is one son and one daughter, the son will receive two-thirds of the estate, and the daughter will receive one-third.
- If the deceased has only daughters, the estate is divided equally among them, with each daughter receiving an equal share.
Parents:
- Father: The father is entitled to one-sixth of the estate if the deceased has children.
- Mother: The mother is entitled to one-sixth of the estate if the deceased has children. If there are no children, the mother’s share increases to one-third of the estate.
Other Relatives:
- Siblings: Brothers and sisters can inherit if the deceased has no direct heirs, such as children or parents. In most cases, brothers inherit more than sisters.
- Grandparents: In the absence of parents and children, the grandparents may inherit.
Other Bequests:
- A Muslim may make a bequest (will) to individuals who are not legal heirs under Faraid, but this is limited to one-third of the estate. The remaining two-thirds must be distributed according to the prescribed shares for the heirs.
3. Inheritance Restrictions:
- The system of Faraid ensures that certain family members have a right to inherit, and it cannot be overridden by a will or any other legal document, unless the bequest is for non-heirs and is limited to one-third of the estate.
- In Islamic law, the heirs are defined strictly, and the shares are non-negotiable.
B. Inheritance Laws for Non-Muslims in the Maldives
For non-Muslims living in the Maldives, inheritance laws are based on civil law, and individuals have more flexibility compared to Muslims when it comes to distributing their estate.
1. Will and Testamentary Freedom:
- Non-Muslims in the Maldives are allowed to create a will (testamentary succession). They are free to distribute their estate as they wish, as long as the will does not violate any national laws or public policy.
- If there is no will, the inheritance is generally handled according to Maldivian civil law, which typically follows European-style inheritance laws that allow for equitable distribution among the deceased’s family.
2. Intestate Succession (If no Will is Made):
In the case of intestate succession (when a non-Muslim dies without a will), the estate will be distributed according to Maldivian civil law.
- The estate will generally be divided among the spouse and children.
- If there are no direct descendants (children), the estate will be passed on to parents, and if no parents are alive, the estate may go to siblings or more distant relatives.
C. Key Points to Consider:
Inheritance and Gender Equality:
- Islamic inheritance law provides for gender differentiation in inheritance shares. Specifically, male heirs receive twice the share of female heirs in most cases. This is based on Islamic principles, and the inheritance distribution follows the rules of Faraid.
Making a Will:
- Muslims may make a will, but it is limited to one-third of their estate for individuals who are not legal heirs under Shari'a law.
- For non-Muslims, there is full testamentary freedom, and they can allocate their estate to anyone they choose in a valid will.
Inheritance Tax:
- There is no inheritance tax or estate tax in the Maldives. Therefore, the inheritance process is generally free of financial charges other than legal fees for administration.
D. Dispute Resolution and Administration of Estates:
- Disputes over inheritance in the Maldives may be resolved through the courts. For Muslims, the process may involve the Shari'a court, while non-Muslims will have their estates handled by the civil courts.
- The appointed executor or administrator is responsible for ensuring that debts are settled, and the estate is distributed according to the law or the will.
Conclusion:
In the Maldives, inheritance laws are shaped primarily by Islamic (Shari'a) law for Muslims, while non-Muslims follow civil law. Under Shari'a law, the Faraid system governs inheritance with fixed shares for family members, while Muslims have limited freedom to bequeath assets through a will. Non-Muslims, on the other hand, enjoy testamentary freedom and can decide how their estate is distributed. In both cases, there is no inheritance tax, and disputes are resolved in the appropriate courts based on the individual’s religion.
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