19910927 TZHC Dar es Salaam2

The respondent and her child are not entitled to inherit from the deceased's estate as they do not fall within the categories of heirs recognized by Islamic law.

Citation: 19910927 TZHC Dar es Salaam2
Parties: Appellant: Lily Hassan Hiliga; Respondent: Marina Mwalimu
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 27 September 1991
Procedural Posture: Civil Appeal / Final Judgment
Outcome: appeal allowed
Legal Topics: Inheritance, Status of Children Born Out of Wedlock, Rights of Concubines Under Islamic Law
Source Language: English

Family Law Succession Law Islamic Law Inheritance Status of Children Born Out of Wedlock Rights of Concubines Under Islamic Law

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Parties

Lily Hassan Hiliga

Appellant

Marina Mwalimu

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

1 Whether the respondent and her child are entitled to inherit from the deceased's estate under Islamic law
2 Whether the sale of the deceased's house was valid without consultation with the respondent

Ratio Decidendi

The respondent and her child are not entitled to inherit from the deceased's estate as they do not fall within the categories of heirs recognized by Islamic law.

Court Disposition

appeal allowed

Orders

Judgment of the 1st appellate court is quashed and set aside.
Appellant is ordered to distribute the estate of the deceased in accordance with Islamic law.