Critical examination of the right of artificially inseminated child to inherit under islamic law

 

Table Of Contents


  • <p> </p><p>ABSTRACT</p><p><strong>

Chapter ONE

INTRODUCTION

  • </strong></p><p>GENERAL INTRODUCTION</p><p>1.
  • 0.0INTRODUCTION</p><p>1.
  • 1.0BACKGROUND OF THE STUDY</p><p>1.
  • 2.0OBJECTIVE OF STUDY</p><p>1.
  • 3.0FOCUS OF THE STUDY</p><p>1.
  • 4.0SCOPE OF THE STUDY</p><p>1.
  • 5.0METHODOLOGY</p><p>1.
  • 6.0LITERATURE REVIEW</p><p>1.
  • 7.0CONCLUSION</p><p><strong>

Chapter TWO

LITERATURE REVIEW

  • </strong></p><p>AN OVERVIEW OF THE ISLAMIC LAW OF INHERITANCE</p><p>2.
  • 0.0INTRODUCTION</p><p>2.
  • 1.0&nbsp; DEFINITION OF INHERITANCE</p><p>2.
  • 2.0INHERITANCE BEFORE THE ADVENT OF ISLAM</p><p>2.
  • 3.0INHERITANCE AFTER THE ADVENT OF ISLAM</p><p>2.
  • 4.0PRELIMINARIES/ESSENTIALS OF LEGACY DISTRIBUTION</p><p>2.
  • 5.0CONCLUSION</p><p><strong>

Chapter THREE

RESEARCH METHODOLOGY

  • </strong></p><p>SUCCINT ANALYSIS OF THE ISLAMIC CONCEPT OF INHERITANCE</p><p>3.
  • 0.0INTRODUCTION</p><p>3.
  • 1.0GROUNDS OF INHERITANCE</p><p>3.
  • 1.1BLOOD RELATIONSHIP (NASAB)</p><p>3.
  • 1.2MARRIAGE (NIKKAH)</p><p>3.
  • 1.3EMANTICIPATION OF SLAVE (WILÁ’U)</p><p>3.
  • 1.4MUSLIM TREASURY</p><p>3.
  • 2.0THE STIPULATED BENCHMARKS OF INHERITANCE</p><p>3.
  • 2.1DEATH OF THE PRAEPOSITUS</p><p>3.
  • 2.2SURVIVAL OF THE HIER</p><p>3.
  • 2.3RELATIONSHIP OF THE HIER TO THE DECEASED</p><p>3.
  • 3.0IMPEDIMENTS TO SUCCESSION</p><p>3.
  • 4.0CONCLUSION</p><p><strong>

Chapter FOUR

DATA PRESENTATION AND ANALYSIS

  • </strong></p><p>ARTIFICIAL INSEMINATION; ITS LEGALITY UNDER ISLAMIC LAW</p><p>4.
  • 0.0INTRODUCTION</p><p>4.
  • 1.0DEFINITION OF ARTIFICIAL INSEMINATION</p><p>4.
  • 2.0FORM/METHODS OF ARTIFICIAL INSEMINATION</p><p>4.
  • 2.1HOMOLOGOUS ARTIFICIAL INSEMINATION</p><p>4.
  • 2.2HETEROLOGOUS ARTIFICIAL INSEMINATION BY DONOUR (AID)</p><p>4.
  • 2.3INVITRO FERTILIZATION (IVF)</p><p>4.
  • 3.0THE POSITION OF ISLAMIC LAW ON ARTIFICIAL INSEMINATION</p><p>4.
  • 4.0STATUS OF THE CHILD AND THE RIGHT OF INHERITANCE</p><p>4.
  • 5.0CONCLUSION</p><p><strong>

Chapter FIVE

SUMMARY, CONCLUSION AND RECOMMENDATIONS

  • </strong></p><p>GENERAL CONCLUSION</p><p>5.
  • 0.0CONCLUSION</p><p>5.
  • 1.0RECOMMENDATION</p><p>BIBLIOGRAPHY</p><p>ARTICLES IN JOURNALS</p><p>ARTICLES ON THE INTERNET</p><p>BOOKS</p><p>PAPERS PRESENTED AT THE CONFERENCES, WORKSHOPS AND</p><p>SEMINARS.</p> <br><p></p>

Project Abstract

<p> The advancement in Science and Technology and the quest for children led to the development and invention of a new process of human procreation, (Artificial Insemination) other than the natural way. This process involves obtaining the semen from a man to inseminate a woman in other to induce fertilization and produce a child, if Allah so wishes. Sometimes, the semen is obtained from the woman‟s husband and many a time from a donor (third party). However, the conception of a child through the medium of artificial insemination involving married couples may not generate any issue or problem with regards to paternity and right of inheritance under Islamic Law if such semen is that of the legal husband of a valid Muslim marriage. On the other hand, conception of a child through the donor‟s (third party) semen is definitely accomplished with the problems of paternity, the right of the child so conceived to inherit under the Law; and even raises doubts on the legality of the processes of artificial insemination. I cannot be able to provide in this project, adequate knowledge of the whole segments of the subject-matter as perfection belongs to Him alone (Allah), the knower of all things, but it is equally hoped that this project will go a very long way to sensitize the vast majority of our people on the issue of artificial insemination. Hence, this research among other things discussed therein, critically examines the legality of Artificial Insemination in line with the provisions of Islamic Law and also the implications of such insemination on the status of the child conceived there from as well as his right of inheritance under Islamic Law. <br></p>

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