BLOOD RELATIONSHIP AS A BASIS OF INHERITANCE UNDER ISLAMIC LAW: A CASE STUDY OF THE INNER AND OUTER CIRCLES OF FAMILY
BLOOD RELATIONSHIP AS A BASIS OF INHERITANCE UNDER ISLAMIC LAW: A CASE STUDY OF THE INNER AND OUTER CIRCLES OF FAMILY
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Date
2012-09
Authors
AHMED, Barkindo
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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.
Description
BEING A THESIS PRESENTED IN THE FACULTY OF LAW TO
THE POSTGRADUATE SCHOOL, AHMADU BELLO UNIVERSITY
ZARIA, IN PARTIAL FULFILLMENT OF THE REQUIREMENTS
FOR THE AWARD OF MASTER’S DEGREE IN LAW
SEPTEMBER, 2012
Keywords
BLOOD,, RELATIONSHIP,, BASIS,, INHERITANCE,, UNDER,, ISLAMIC,, LAW,, CASE,, STUDY,, INNER,, OUTER,, CIRCLES,, FAMILY,