Thesis Abstract

Abstract
Inheritance under Islamic law is a crucial aspect of personal and family law that has significant implications for individuals and society as a whole. However, despite the clear guidelines provided in Islamic jurisprudence, there are numerous impediments that can complicate or obstruct the process of inheritance. This research project aims to conduct a comprehensive appraisal of the impediments to inheritance under Islamic law, with a focus on identifying the key challenges and their impact on the distribution of assets and the fulfillment of legal obligations. The research will involve a thorough examination of the relevant primary sources, including the Quran, Hadith, and classical Islamic legal texts, to establish the foundational principles governing inheritance in Islam. Additionally, a comparative analysis will be conducted to explore how these principles are applied in different legal systems and cultural contexts. One of the primary impediments to inheritance under Islamic law is the lack of awareness or understanding of the rules and procedures governing inheritance. This can lead to disputes among heirs, delays in the distribution of assets, and even the misappropriation of inheritance rights. The research will investigate the root causes of this lack of awareness and propose strategies for enhancing education and awareness among individuals and communities. Another significant impediment to inheritance is the prevalence of cultural practices and norms that conflict with Islamic legal principles. In many societies, customary practices regarding inheritance may discriminate against certain heirs, particularly women, and deprive them of their rightful shares. The research will explore the factors contributing to the persistence of these practices and assess the feasibility of reconciling them with Islamic law. Furthermore, legal and procedural obstacles, such as ambiguous laws, bureaucratic inefficiencies, and inadequate legal mechanisms, can hinder the effective implementation of inheritance laws. The research will examine these obstacles in detail and propose reforms to streamline the inheritance process and ensure greater compliance with Islamic legal principles. By shedding light on the impediments to inheritance under Islamic law, this research project seeks to contribute to the development of more effective policies and practices that promote fairness, justice, and equity in the distribution of assets. Ultimately, the findings of this research will be valuable for policymakers, legal practitioners, scholars, and individuals seeking to navigate the complexities of inheritance under Islamic law.

Thesis Overview

1.1 GENERAL BACKGROUND There are some obstacles and impediments which prevent an inheritor to benefit from the assets left by his/her deceased relation. Broadly, there are four cases co center;”>APPRAISAL OF THE IMPEDIMENTS TO INHERITANCE UNDER ISLAMIC LAW

 nsisting of the obstacles, bar or impediment to inheritance, they include Homicide (Qatl), difference of religion, Apostasy (Riddah), and Slavery. Some jurists, however, includes difference of domicile as an impediment to inheritance1. Each one of them functions independently from another and bars the beneficiary from materializing his right of inheritance2. There are divergent views from different schools of Islamic Jurisprudence over the concept or rather what constitute impediments to inheritance under Islamic Law, despite the fact that some of these impediments are clearly contained in the primary sources as explained by the Prophet (S.A.W). Impediments to inheritance are the personal acts or attributes of a person which disqualifies him from succession who would otherwise be an entitled heir on grounds of blood or marital relationship with the praepositus3. For those relatives of the deceased person ‘who are debarred from inheritance by reason stated above, do not adversely affect the right of other heirs from inheritance, neither do they exclude nor restrict their respective shares4. In essences, disqualified heirs are deemed, in law, to be non-existing at all for the purpose of Islamic law of inheritance. For example, where a deceased person left behind two or more agnate brothers who, if not disqualified, would have restricted the mother’s Qur’anic share from one-third (1/3) to one-sixth (1/6) even when they are excluded by the father of the deceased person, but for the disqualification which befalls them, would not affect or restrict the mother’s Quranic share. This is because, for that impediment, they are not recognized in the eyes of the law. 1.2 STATEMENT OF PROBLEM The provision of the Holy Qur’an and the Sunnah of the Prophet (SAW) has specifically and unambiguously state those that are debarred from inheritance. This debarment is either partial or complete. But the problem lies on the arguments forwarded by each school of Islamic Jurisprudence or jurists with respect to a particular bar on inheritance. It will not be feasible for the Muslim world if these arguments can go on without careful regard being had to the fundamental provision of Qur’an and Sunnah. The second problem is in respect of the research work itself. This topic i.e. “An Analysis of the Impediments to Inheritance under Islamic Law” is a vital topic that concerns every aspect of the distribution of estate of a Muslim, particularly where there is a marriage relationship between a Muslim man and non-Muslim woman and it give rise to protracted litigation especially where the legitimacy of one of the potential heirs is in dispute. Thirdly, with respect to apostasy, many writers or Islamic law jurists undermined a situation where, for example, a man renounces his religion but his wife or children remain Muslims or vice versa. This is a controversial area that needs a thorough research and clear explanation but has been neglected. Finally, the issue of killing as an impediment to inheritance under Islamic law is also an area that is very vital under the principles of Islamic law but not much has always been said about it. And, most writers limits, themselves on basically only four or to some extent five elements that constitutes impediment to succession under Islamic laws. However, the present researcher suggests that it is more than that, for there are other elements that debar a person from inheriting a deceased estate either temporally or permanently.