ANALYTICAL STUDY OF SOME CASES OF INHERITANCE DISTRIBUTION IN MALIKI AND OTHER SCHOOLS OF LAW

Simple item page
dc.contributor.authorSHEHU, Zubairu
dc.date.accessioned2024-12-27T14:33:37Z
dc.date.available2024-12-27T14:33:37Z
dc.date.issued2024-12
dc.descriptionA THESIS SUBMITTED TO THE SCHOOL OF POSTGRADUATE STUDIES, AHMADU BELLO UNIVERSITY, ZARIA IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF DOCTOR OF PHILOSOPHY IN ISLAMIC STUDIES DEPARTMENT OF ARTS AND SOCIAL SCIENCE EDUCATION ISLAMIC STUDIES SECTION FACULTY OF EDUCATION AHMADU BELLO UNIVERSITY, ZARIA
dc.description.abstractThis study, titled “Analytical Study of Some Cases of Inheritance Distribution in Maliki and Other Schools of Law”, explores the divergent opinions between Maliki School of law and otherSchools of law (Hanafi, Shafi'i, and Hanbali) in some casesof inheritance.The research was motivated due to the fact that Inheritance distribution among the contemporary Muslims poses significant challenges, particularly in a country like Nigeria where a specific Sunni School of law is dominant. Many Muslims struggle to understand these issues, which lead to misunderstandings and arguments about inheritance rights. These issues include a case where a grandfather inherits alongside the siblings of the deceased, Dhawil Arham in the absence of a public treasury (Bai-al-mal), the status of children born out of wedlock, and a situation where a man divorces his wife while in death sickness. Furthermore, contemporary issues such as the inheritance rights of Test-tube babies and individuals with atheistic or pantheistic beliefs create additional obstacles for the contemporary Muslims. This indicates that there is a pressing need for solutions to foster awareness, understanding, and harmony in inheritance matters within Muslim communities.The objectives of the research include: to analyse the differences between the Maliki School and others (Hanfi, Shafi'i and Hanbali Schools of law), regarding the inheritance rights of grandfather alongside siblings of the deceased, Dhawil Arham (distant kindred/uterine relatives), children born out of wedlock and the aforementioned contemporary cases(such as the inheritance rights of test-tube babies and Muslims with atheistic or pantheistic dotrine). The methodology employed wascomparative content analysis approach, which effectively identifies and compares common and differing themes in textual data.The major findings revealed that grandfather can inherit alongside with siblings of the deceased, Dhawil Arham are more entitled to inherit the estate left behind by the deceased in the absence of sharers or agnatic heirs, rather than taking it to the public treasury (Bait-al-Mal),Test-tube baby conceived within a valid marriage without the involvement of a third-party has the same inheritance rights as any other child of the parents. The study recommended that, inheritance distributors should adhere to the views of the majority of the Schools of lawwho permitted inheritance between a grandfather and siblings ofthe deceased, there isneed to transfer the estate left behind by the deceased to Dhawil Arham in the absence of sharers and agnatic heirs, than taking it to bait-al-mal (public treasury), there is also need for the Muslims parcularly the Schoars to give awareness to those couples having infertility challenges to avoid involvement of the third party in the process of having a Test-tube baby,there is also need for the Muslims of the contemporary period to have a unified "Muslim Code of Inheritance Law" that reconciles the diverseopinions of the four most famous Sunni Schools of law(Hanafi, Maliki, Shafi'i, and Hanbali)to incorporate the most relevant opinions from these Schools of law to form a unified and suitableinheritance law for the Muslims of their country.By identifying the key areas of differences and commonalities to develop a comprehensive and inclusive code of inheritance law. Summary and conclusion were also made.
dc.identifier.urihttps://kubanni.abu.edu.ng/handle/123456789/13073
dc.language.isoen
dc.titleANALYTICAL STUDY OF SOME CASES OF INHERITANCE DISTRIBUTION IN MALIKI AND OTHER SCHOOLS OF LAW
dc.typeThesis
Files
Original bundle
Now showing 1 - 1 of 1
No Thumbnail Available
Name:
ANALYTICAL STUDYOF SOME CASES OF INHERITANCE DISTRIBUTION IN .pdf
Size:
2.83 MB
Format:
Adobe Portable Document Format
Description:
Download
Collections
EDUCATION