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Inheritance: The Laws of Inheritance in Islam As you read the book and understand the distribution of inheritance in Islam you will be impressed with the fairness and in-depth nature of the laws. It is a gift of wisdom for the mankind from non-other than our great creator, Allah. He prepares the world before we are born, then provides for us as we live, and then picks up after we have played. He gives more than we can use, yet furthermore, He tells us how to distribute and turn over His bounty to our successors. The laws are given to judge ourselves and others in this world but if we don't then the same laws will be used to judge us before Him in the hereafter. His laws are very clear and easy to understand. However, like any other truth, at times they are very cut and dry. It is hard to accept them. In our competitive spirit, we may feel we can do better than this. When we try to make our own laws we end up with nothing but error. Arguments and debates only delay the deliverance of justice. The logic of trial and error always ends in error! The laws of inheritance in Islam are described with respect to women and children. Distribution to near and extended relatives is illustrated. A system of relative distance and eligibility is established. Near relatives are given priority. Men and women both have specified shares. In the book, we have collected the related information for determining rightful inheritance in a family. We focused on the actual code rather than other arguments. Basic references are given to establish the authority of the code. We refrained from comparative analysis with other national or religious codes but to state what it is we had to say what it is not. We showed some common practices acceptable in modern cultures but they have no Islamic standing. May Allah(SWT) guide you with the best of knowledge. Ameen! Sohail S. Hussaini
Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.
Based on original sources, this book includes the historical and theological bases of the of the Islamic law of succession developed by the Muslim schools of jurisprudence. The author makes a comparative study between theSunni and Shia laws of inheritance and focuses on problems being faced by Muslims due to the strict application of traditional Islamic law in their contemporary situations. This book is an essential component of the course on'Muslim Personal Law' for LLB students and the course on 'Islamic Law' for LLM students.
As you read the book and understand the distribution of inheritance in Islam you will be impressed with the fairness and in-depth nature of Islamic laws. It is a gift of wisdom for the mankind from non-other than our great Creator, Allah. He prepares the world before we are born, then provides for us as we live, and then picks up after we have played. He gives more than we can use, yet furthermore, He tells us how to distribute what is left-over to our successors. Certainly, He will recreate us one more time and judge us for what we did with our lives, how we finished at the end, and what we left behind for the following generations. These laws are given to judge ourselves and others in this World but if we don't then the same laws will be used to judge us before Him in the Hereafter. In the book, we have collected related information for determining the rightful inheritance for individuals in a family. We focused on the actual code rather than support arguments and justification. However, to establish the authority of the code we have given all the basic references to Quran and traditions of the Prophet (SAS). Though we refrained from presenting any comparative analysis with other national or religious codes, at times it became necessary because in order to describe what it is we had to say what it is not. We described some common practices that are acceptable in modern cultures but have no Islamic standing. May Allah (SWT) guide you with the best of knowledge. Ameen!
When a person dies, his ownership of his property ends, and is to be given to his heirs. It is Allah's Ta'ala favour upon us that He has not made the disposal of that wealth as charity necessary, but rather, He in His wisdom knows that the death of any person is a great loss to their relatives and an even greater loss to their dependents who relied upon them for provision. That said, Allah Ta'ala also knew that Man has greed. And it is this greed that causes brother to hate brother and sister, and to usurp the rights of the less persuasive. For this reason, Allah has fixed, very clearly in the Qur'an, the allotted shares of the relatives of the deceased. This has been further mapped out in the Ahadith by the Prophet of Allah Ta'ala so as to leave no scope of doubt or leeway for argument in who gets what. Everyone will get their share: No more, no less. This prevents the greedy from getting more than their share and it stops the undefended from receiving less than their allotment. In Islam the concept of the wealth only going to the first born son is seen as oppressive. Islam has also distinguished the different levels of dependency of the closer relatives and has stipulated amounts varying in quantity in different circumstances. The factors that lessen one relative's share is the presence of another relative, who also has a considerable relationship with the deceased. There are times when an allotment may seem unfair, these will also be explained. For example, of two inheriting brothers, one may be financially well off whereas the other is poor. This will not mean that the poorer brother will get everything or more than the richer brother. This is because inheritance is not charity and is given on account of the strength of the relationship not on account of who is more needy. Both brothers in this aspect are equal, and will thus receive an equal share. This book only deals with the financial side of the events around death. For an in-depth look at the rites of passage of the burial please refer to our publication, "What to do when a Muslim Dies".
This book challenges the assumptions of creative agency and the role of Islamic education movements for women across the wider Muslim world.
Iim-ul-Faraiz, i.e., the Islamic Law of Inheritance, is the most important branch of Shariah (Islamic Law). By providing rigid and clear-cut-rules of inheritance, in Sura al-Nisa (Al-Qur'an), Allah, the Law Giver of Islam, has Himself emphasized its importance.
In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.