BLOOD RELATIONSHIP AS A BASIS OF INHERITANCE UNDER ISLAMIC LAW: A CASE STUDY OF THE INNER AND OUTER CIRCLES OF FAMILY
Abstract:
The life on earth depends largely on inheritance from generation to generation for its continuous existence. Without inheritance there would be no meaningful development any where in this world. Thus, human beings have succeeded in building and beautifying this world through inheritance, which today provides an aesthetic value in our cities and towns However, the method and procedure of such inheritance differ from one society to another. Therefore, the past and present societies have their systems of inheritance. For example the Arabs before Islam, Christians and Jews may have things in common but would differ in certain degrees. The people in this world have been struggling to acquire wealth. The tendency to “get” is very strong that they continue to struggle for the whole of their lives. However, man always reminds himself that “life is short” and, therefore, he is also in “need” of somebody who can succeed him in his property and continue with the struggle. Naturally he would prefer his blood relatives and spouse to inherit him. Considering this phenomenon the knowledge of Islamic law of inheritance becomes necessary. The Prophet (S.A.W) said “learn the knowledge of inheritance and teach it to others, because it is half of knowledge and it is easily forgotten and it is first knowledge to be lifted from my Ummah”. This researcher is hoping to be in line with the above Hadith and intends to discuss the topic “Blood Relationship as a Basis of Inheritance under Islamic Law: a case study of the Inner and outer circles of family.” By this topic the researcher will contribute however little to the development of the science of inheritance. In order to provide a solid foundation the research has traced the historical development of succession from the period before Islam to the time when the three verses of inheritance were revealed. It has also considered the inheritance of Jewish and Christian law of inheritance. The research work has classified the heirs into four categories of blood relationship. Under these categories each legal heir inheritance, how he is excluded and excluded others have been considered. The succession right of the heirs of inner and outer circles of family has also been analyzed.
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