This research explores the impediments to inheritance under Islamic law, identifying key factors that disqualify individuals from inheriting assets left by deceased relatives. The study focuses on primary impediments such as homicide (Qatl), difference of religion, apostasy (Riddah), and slavery, while also considering the controversial inclusion of difference in domicile by some jurists. It critically examines divergent views from Islamic schools of jurisprudence and the interplay between these impediments and the rights of other heirs. The study highlights the complexities surrounding these disqualifications, particularly in cases of apostasy, interfaith marriages, and inheritance disputes involving legitimacy. The research also emphasizes areas often overlooked by previous scholars, proposing that there may be additional impediments beyond the commonly accepted four or five categories. This work aims to trace the evolution of inheritance laws before and after the advent of Islam, analyze the Qur'anic and Sunnah provisions on inheritance, and evaluate differing jurisprudential arguments. It provides insights into both permanent and temporary bars to inheritance while suggesting practical solutions to issues arising within the Muslim community. The findings will benefit students, scholars, legal practitioners, and judges by offering a comprehensive understanding of Islamic inheritance laws and their application. This research contributes significantly to Islamic jurisprudence by addressing neglected areas and proposing avenues for further scholarly exploration.
TABLE OF CONTENTS
Declaration i
Certification ..ii
Dedication iii
Acknowledgement iv
List of Cases ..v
Table of Statutes vi
Abbreviations vii
Table of Contents ..viii
CHAPTER ONE
AN ANALYSIS OF IMPEDIMENTS TO INHERITANCE UNDER ISLAMIC LAW
1.1 General background 1
1.2 Statement of problems ..2
1.3 Aims and objectives.. ..3
1.4 Justification .4
1.5 Scope and limitation.5
1.6 Research methodology .5
1.7 Literature review 5
1.8 Organizational layout .13
CHAPTER TWO
THE DEVELOPMENT OF ISLAMIC LAW OR INHERITANCE
2.0 Introduction 14
2.1 Inheritance under the Jewish law . .17
2.2 Inheritance under the Hebrew/Christian law - 21.
2.3 Inheritance among the Hindus - ..23
2.4 Inheritance under the African Customs with Particular Reference to Yorubas and Igbos..24
2.4 Inheritance under the pre-Islamic Arabia ..31
2.5 Inheritance During the Early Period of Islam.36
2.6 The Revelation of Verses on Inheritance41
CHAPTER THREE
GROUNDS AND CONDITIONS OF INHERITANCE UNDER ISLAMIC LAW
3.0 Introduction 49
3.1 Grounds of inheritance ..49
3.1.1 Blood relationship (Nasb).. ..50
3.1.2 Marriage (Nikah)..51
3.1.3 Clientage (Wala). .56
3.1.4 Muslim Treasury (Baital Mal)..57
3.2 Essentials of inheritance.. .57
3.2.1 Deceased person (al- mayyit) .. 57
3.2.2 Estate (Tarikah) 60
3.2.3 The Burial Expenses ..63
3.2.4 Payment of debt .71
3.2..5 Satisfaction of wills72
3.2.6 Heirs (Warithun) ..71
3.2.7 Ashabul Fara'id (fixed sharers)..74
3.2.8 Asabah (0residuary heirs) ..79
3.3.1 Guidance on the administration of the deceased estate. - 84
3.3.2 Wills (wasiyyah) .85
CHAPTER FOUR
IMPEDIMENTS TO INHERITANCE UNDER ISLAMIC LAW
4.1 Introduction .87
4.2 Types of impediments ..89
4.3 Homicide (Qatl) .89
4.4 Difference of religion . 95
4.5 Apostasy (Riddah) . .98
4.6 Slavery..100
4.7 Difference of Domicile - 103
4.8 Marriage by a Dying Person104
4.9 Illegitimacy and Li'an Couples 106
4.10 Conclusion - 108
CHAPTER FIVE
SUMMARY, OBSERVATIONS, RECOMMENDATIONS AND CONCLUSION
5.1 Summary ..109
5.2 Observations 111
5.3 Recommendations 115
5.4 Conclusion .. ..117
Bibliography.119
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