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Showing posts from March, 2020

Inheritance of a Missing Person under Islamic Law by Abu Aisha Part 4

Bismillāhi Rahmāni Rahīm  Date:   28th Rajab, 1441 A H / 23rd March, 2020 Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories   Lesson:   58 Topic: Inheritance of the Missing Heir (Mīrāth Al-Mafqūd): Part 4   You are welcome to today's class on inheritance law in Islām!!! In our last three classes, we have been able to look at the definition of Al-Mafqūd under Islamic legal context and some Islamic ruling as regards the inheritance of a missing person or missing heir. We have discussed the legal waiting period and the portion of a missing person as an heir under Islamic law. Today, Inshā Allāh, we are looking at the appearance of Al-Mafqūd and the status of Al-Mafqūd ‘s wife or wives: Appearance of Mafqūd-  If a declared missing person has been judicially  pronounced dead by  Sharī‘ah Court  or any recognized  court of   law and his properties devolved among his legitimate heirs, ...

Inheritance of a Missing Person under Islamic Law by Abu Aisha (Part 2)

Bismillāhi Rahmāni Rahīm  Date:   21st Rajab, 1441 A H / 16th March, 2020 Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories   Lesson:   56 Topic: Inheritance of the Missing Heir (Mīrāth Al-Mafqūd): Part 2   You are welcome to today's class on inheritance law in Islām!!! In our last class, we defined who Al-Mafqūd is. He or she is someone whose whereabouts are unknown and it is not certain whether he or she is alive or dead. We also said that there are a lot of contentious debates among the four schools of thought and various jurists as regard whether the missing person can be a beneficiary of estate devolution as a potential heir or would he or she be inherited in absence by his legal heirs.  In solving these questions, the scholars propounded verdicts on the waiting period, Al-Mafqūd’s shares as heir, appearance of Al-Mafqūd and the Iddah of Al-Mafqūd’s wife/wives. However, due to limited space, we shall be...

Inheritance of a Missing Person Under Islamic Law by Abu Aisha

 Bismillāhi Rahmāni Rahīm  Date:   16th Rajab, 1441 A H /  11th March, 2020 Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories   Lesson:   55 Topic: Inheritance of the Missing Heir (Mīrāth Al-Mafqūd): Part 1   You are welcome to today's class on inheritance law in Islām!!!      Dear participants, it is a great honour for us as Muslims to declare that Shari ‘ah is an all-encompassing divine law, and when it comes to succession and inheritance procedures, ‘ilm al-Farāid as branch of Shari ‘ah has taken care of everything that we might think of. In this regards, the inheritance rights of a missing person has also been appropriated according to Shari ‘ah to eschew enmity among the blood relations.  Therefore, who is a missing person? Under Islamic law, a missing person is known as al-Mafqūd. This is legally defined as someone whose whereabouts are unknown and it is not certain whether he ...