- 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 the great care the Sharia places on the details of the heirs of the deceased
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 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. This intermediate course is for students who have already covered the introductory course with Dr. Ashraf, and have a special interest in continuing their study of inheritance law with him. By this point, prospective students are already familiar with the concepts and terminology specific to inheritance law covered in the introductory course, and must sit for an entrance exam prior to successful enrolment in this course. New students interested in taking the course are therefore advised to enroll in Introduction to Inheritance Law: Basic Principles and Case Studies.
- Decreasing shares (‘aul)
- Redistributing shares (Radd)
- Calculating shares for:
- Unborn baby
- Missing person
- The death of an heir before finalizing the deceased’s estate
The course will consist of weekly live classes lead by Dr. Ashraf, assignments, practical examples of real-life scenarios, and office hours where students can consult Dr. Ashraf one-on-one. Students will also have to sit for a final exam in order to successfully complete the course.
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.
Successful completion of Introduction to Inheritance Law (LAW150) 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.
You are recommended to have a copy of Kitaabul Meerath: The Book of Inheritance by Mujlisul Ulama of South Africa.
Will this course practically benefit me in share-inheritance calculations?
Through multiple assignments, the course gives the students the opportunity to practice sharia inheritance principles and engage in share calculations for different scenarios. This will serve as a basis for real-world share calculations by providing students with a foundation for practical share inheritance calculations. Building this foundation is the aim of the course. In addition to teaching the theory and working on assignments, Dr. Ashraf will also devote an entire lesson to discussing practical examples of share-inheritance scenarios, with a view to giving students an appreciation for the experience necessary for real-world calculations.
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.