This course will cover the following aspects of Inheritance Law:
- Decreasing shares (‘aul)
- Redistributing shares (Radd)
- Calculating shares for:
- Unborn baby
- Missing person
- The death of a heir before finalizing the deceased’s estate
The Prophet, peace and blessings be upon him, said: “Learn inheritance and teach it for it is half the knowledge and it will be forgotten, and it is the first thing to be ripped from my Ummah” (Ibn Majah 2710). He also said: “Learn inheritance and teach it to people for I am a mortal being and knowledge will decrease until two people would differ amongst themselves over inheritance, but wouldn’t find an arbitrator” (al Nisa’i 6305).
Look around and you will see the truth of the Prophet’s statement—families divided over property, children hurt over parental preference in wills, siblings no longer on speaking terms with each other—especially when the deceased has a large estate. It is crucial that inheritance law be learned and applied, otherwise some may be denied their rights while others eat of haram wealth.
Due to the gravity of its impact, inheritance is one of the few topics that Allah described its legal rulings in detail in the Quran, resulting in little difference of opinion between the legal schools. In Intermediate Inheritance Law, you will gain a detailed understanding of the basics of inheritance law through learning about shares and shares of special types, distribution of shares, and specifics of heirs. You will then apply these rules to case studies, ensuring your understanding of their basic application.
- Distinguish between distributing the remainder of the estate among the asaba and among the heirs with fixed shares.
- Understand the relationship between the increasing of the number of heirs and decreasing the shares of each.
- Understand how to deal with special types of heirs (hermaphrodites, unborn babies, missing persons)
- Understand the consequences of the delay of finalizing the deceased estate.
- Experience how much great care in the Sharia is placed in the details of the heirs of the deceased
- Successful completion of Introduction to Inheritance Law (LAW150) is a required prerequisite or equivalent.
- Quduri’s Manual Explained, Part 3 (LAH213) is a recommended complementary course.
- You are recommended to have a copy of Kitaabul Meerath: The Book of Inheritance by Mujlisul Ulama of South Africa