- Distinguish between categories of relatives who neither have a fixed share nor are asaba
- Learn the inheritance rights of creditors, apostates and illegitimate children
- Learn how to exit from inheritance agreements
- Learn the consequences of Sworn Allegations in inheritance cases
- Help preserve this Fard Kifaya science that the Prophet, peace and blessings be upon him, advised us to learn out of fear of it being forgotten
- Through self-paced and in-class exercises, apply principles learned to practical examples
- Be an asset to your community in helping them solve inheritance cases and saving them from falling into disagreements
About the Course
Due to the gravity of its impact, inheritance is one of the few topics for which Allah described legal rulings in detail in the Quran, resulting in little difference of opinion between the legal schools. In Advanced Inheritance Law, you will further build on your knowledge of inheritance law through learning about special types of heirs who do not have a fixed share, creditors, agreed exits from inheritance, and cases relating to apostates and illegitimate children, and sworn allegations. You will then apply these rules to case studies, ensuring your understanding of their basic application.
This advanced course is for students who have already covered the introductory and intermediate courses with Dr. Ashraf, or have taken their equivalents elsewhere, and have a special interest in continuing their study of inheritance law. By this point, prospective students are already familiar with the concepts and terminology specific to inheritance law covered in the introductory and intermediate courses, and must sit for an entrance exam prior to successful enrolment in this course.
- Relatives who neither have a fixed share nor are asaba (Zawil Arham):
First Category: Deceased’s Descendent
Second Category: Deceased’s Ascendant
Third Category: Deceased’s Parents Descendent
Fourth Category: Deceased’s Grandparents Descendent
- Agreed Exit from Inheritance (Takharuj)
- An Apostate
- Illegitimate Children, and Sworn Allegation
- Titled Cases
The course will consist of weekly live sessions lead by Sheikh Ashraf Muneeb, assignments, in-class exercises and practical examples from real-life scenarios, as well as a Final Examination. Dr. Ashraf shall hold weekly office hours where students can consult with him one-on-one. Students are highly encouraged to post their questions in the Forum over the course of the week, which are answered during the Live Sessions.
Weekly Time Commitment
The course requires an estimated hour to an hour-and-a-half per week outside the live session to review the material and take notes.
You are recommended to have a copy of Kitaabul Meerath: The Book of Inheritance by Mujlisul Ulama of South Africa
Successful completion of Intermediate Inheritance Law (LAW250) or having taken an equivalent course is a required prerequisite to enrolling in this course. Students must sit for an entry exam to successfully complete their enrolment.
LAH213: Quduri’s Manual Explained: Intermediate Hanafi Fiqh – Part 3 is a recommended complementary course.
How can you serve the umma with this knowledge?
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.
This knowledge is a Fard Kifaya, meaning it is communally obligatory for it to be learned and applied. Through taking this course, you will be able to assist your community in solving basic inheritance cases and advising them on the need to consult an expert when needed.