Blood relationship as a basis of inheritance under islamic law: a case study of the inner and outer circles of family

Project Abstract

<p> 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. <br></p>

Project Overview

<p> </p><p>INTRODUCTION</p><p>1.0 INTRODUCTION NASAB in Arabic terminology means paternity or blood relationship which gives the heirs right to inherit. The heirs include Quranic, agnatic and cognatic heirs who are related to the praepositus by blood both near and remote relations.1 Under Islamic law of inheritance there are four main grounds of inheritance. They are: NASAB or blood relationship, NIKAH or marriage, WALA-AL-ITAG or a right given to the master of an emancipated slave2 and Baitul Mal or Islamic public treasury3. Before distribution of the estate of the praepositus among the legal heirs their relationship must be established. That they are either related by blood relationship or affinity. The relationship in both cases must be legal, that, is the blood relationship must be one which is legitimate and the marriage must be valid and subsisting at the time of the death of the praepositus4. This research work is concerned with blood relatives of inner and outer circles of family. The former is categorized into four as follows: a. Ascendants: They are parents and grand parents of the praepositus. They include father, mother, father’s father; mother’s mother and father’s mother how high soever. 5 b. Descendants: They are the children of the deceased either direct or issues of the male issue of the deceased person. The direct children are: son and daughter. The example of grand children are; son’s son and son’s daughter how low soever.6 c. Collaterals: They are brothers and sisters. They are as follows: i. Germane brothers and sisters, they have the same father and mother with the praepositus. Also, the son of the germane brother, can inherit and related to the praepositus by blood relationship. ii. Consanguine brothers and sisters are related to the praepositus through father only. In addition we have consanguine brother’s son.7 iii. Uterine brothers and sisters; they linked to the deceased person through their mother only.8 This writer has the opinion that the uterine should be classified under the list of the heirs of inner circle of family. Hence, the Holy Quran 4:12 has fixed their shares among the Quranic heirs, thereby giving them special position among the Dhawul Arham or heirs of the outer circle of family. It is also, argued that those who are linked to the praepositus through females cannot inherit. However, the uterine are exception to this general rule9. Furthermore, the classification of the research topic, heirs of the inner and outer circles of family is based on the classification of heirs. Since the Holy Quran classified uterine under Quranic heirs,10 this research work is justified to do the same. iv. Uncles: They are descendants of the grand parents. They are limited to paternal uncle (both germane and consanguine) and their sons’ only.11</p> <br><p></p>