APPRAISAL OF THE IMPEDIMENTS TO INHERITANCE UNDER ISLAMIC LAW
- Project Research
- 1-5 Chapters
- Abstract : Available
- Table of Content: Available
- Reference Style: FOOTNOTE / ENDNOTE
- Recommended for : Student Researchers
- NGN 3000
STATEMENT OF PROBLEM
The provision of the Holy Qur’an and the Sunnah of the Prophet (SAW) has specifically and unambiguously state those that are debarred from inheritance. This debarment is either partial or complete. But the problem lies on the arguments forwarded by each school of Islamic Jurisprudence or jurists with respect to a particular bar on inheritance. It will not be feasible for the Muslim world if these arguments can go on without careful regard being had to the fundamental provision of Qur’an and Sunnah The second problem is in respect of the research work itself. This topic i.e. “An Analysis of the Impediments to Inheritance under Islamic Law” is a vital topic that concerns every aspect of the distribution of estate of a Muslim, particularly where there is a marriage relationship between a Muslim man and non-Muslim woman and it give rise to protracted litigation especially where the legitimacy of one of the potential heirs is in dispute. Thirdly, with respect to apostasy, many writers or Islamic law jurists undermined a situation where, for example, a man renounces his religion but his wife or children remain Muslims or vice versa. This is a controversial area that needs a thorough research and clear explanation but has been neglected. Finally, the issue of killing as an impediment to inheritance under Islamic law is also an area that is very vital under the principles of Islamic law but not much has always been said about it. And, most writers limits, themselves on basically only four or to some extent five elements that constitutes impediment to succession under Islamic laws. However, the present researcher suggests that it is more than that, for there are other elements that debar a person from inheriting a deceased estate either temporally or permanently.
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