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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, but, eventually turns up alive, the judicial pronouncement of death is no longer vali

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 discussing the verdicts one after the other: Waiting P

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 or she is alive or dead. According to some scholars, al-Mafqūd  is categorized