Islamic Banking from the eyes of a conventional Banker. A short story. 📖

I would urge the lawmakers to consider the need to be consistent. If Sharia is used to identify heirs, then apply it holistically. Otherwise create a different policy altogether for Bandaara (state Owned land). It shouldn't be considered a private property to be inherited.

These are all band aid solutions which creates more issues than it plans to solve. Anyone who understands Islamic Succession Law understands it as such.

Which means from the same generation of the children (who happen to be the deceased's grandchildren). 8 of them only gets 1/3rd of the property while the 6 of them gets 2/3rd because their mother passed away prior to the demise of their Grandparents.

These 3 children have 8 children of their own who are grandchildren of the deceased. And through them these 8 children only receive 3/9 of the property divided equally by 8 of them.

For example. A person passes away leaving behind. 3 children. Direct heirs. 6 grand children (whom their mother passed away). When we include all of them as heirs. The children receive three ninths 3/9 (which is 1/3) and the grand children receive six ninths 6/9 (2/3).

When the law is amended to include second generation children only from a pre deceased parent who is their mother, when divided equally, there are others of same degree who will be at a disadvantage.

Think about this. Second generation children are generally excluded from inheritance regardless of whether the parent is the father or mother (because their parents are still living). This is called Hajub in Islamic Succession Law.

I pose similar concern to the current amendment proposed to include second generation heirs (children of a pre deceased parent who is their mother) as direct legal heirs. Because this gives them preference over other second generation children who are of same degree.

If applying Sharia principles, apply is holistically for a desired equitable outcome. And if not, (because it's a stated owned land and state can divide anyhow they want to) devise an equitable policy to divide it accordingly to the most deserved amongst all.

If not, let the Bandaara land be divided as the State deems fit amongst all his extended heirs based on number of factors such as 1. immediate housing needs, 2. financial capacity of heirs towards acquisition of housing unit and 3. vulnerability. Etc;

If the state wants to divide according to Sharia Designated legal heirs as a private property they go for allocating it to Sharia determined portions.

While I concede and that State can allocate or divide a Bandaara land whether equal or not or in any mechanism they deem it fit, dividing it equally amongst Legal heirs (Sharuee Vaaruthaverin) and determining them based on Sharia Principles is selective application of Sharia.

State land (bandaara) is not a private property that needs to be divided or inherited according to Sharia Principles of inheritance. Which only applies to the deceased person's Private Property.

This also fails to take into account the dependents needs (their caretaker, and sole responsible person passed away) and siblings existing circumstances such as whether they have housing or they have a need for it.

However, an equal division as practiced now in Maldivians courts, the daughters receive two sevenths (2/7) while the siblings receive five sevenths (5/7). This gives the siblings greater say in the property sideling the more deserving heirs.

For example. A person passes away leaving behind. Two (2) Daughters and Five (5) siblings. ISL dictates the daughters receive two thirds (2/3) of the deceaseds property while the siblings receive one third (1/3). This prioritizes the daughters as they are more deserving.

When the division is equal, these principles are disregarded which often disadvantages more deserving family members.

Islamic Succession Law - ISL (فرائض) - allocates portions based on fundamental principles such as responsibility of one heir over the others and their degree of closeness to the deceased. And many more etc;

The core issue lies in determining legal hires using established Sharia Principles and yet proceeding to divide inheritance equally among them, which disregards sharia allocated potions.

This is a serious matter. State Owned (Bandaara) land is not a private property that needs to be divided or inherited amongst legal heirs. Pick and choosing aspects of Sharia and selective implementation of it actually yields more unintended injustices. Let me explain.