Focus: The “Inter Vivos” vs. “Testamentary” property transfers and the strict rules of custody.
Syllabus Checklist:
- [ ] Parentage: Maternity and Paternity.
- [ ] Legitimacy and Acknowledgment (Iqrar).
- [ ] Guardianship (Wilayat): Meaning, Kinds, and Removal.
- [ ] Gift (Hiba): Definition, Requisites, Formalities, Revocation, and Kinds.
- [ ] Wills (Wasiyat): Meaning, Requisites, and Revocation.
Quick-Revision Tables: Unit III Core Differences
- Custody (Hizanat)
Aspect | Sunni (Hanafi) Law | Shia (Ithna Ashari) Law |
Mother’s Right to Custody | Male child until age 7. Female child until puberty. | Male child until weaning (~2 yrs). Female child until age 7. |
Loss of Hizanat | Loses custody if she marries a “stranger”. | Loses custody if she marries any person. |
- Property Transfers: Gift vs. Will
Feature | Gift (Hiba) | Will (Wasiyat) |
Operation | Operates Inter Vivos (takes effect immediately). | Operates Testamentary (takes effect after death). |
Extent of Property | Can gift the entire (100%) property. | Can only bequeath up to 1/3rd. |
Revocability | Extremely difficult after delivery of possession. | Highly revocable before death. |
- Wills (Wasiyat): School Differences
Area of Law | Sunni (Hanafi) Law | Shia (Ithna Ashari) Law |
Bequest to an Heir | Invalid unless other heirs consent after testator’s death. | Valid up to 1/3rd without consent. |
Timing of Consent | Heirs must consent after death. | Heirs can consent before or after death. |