Al-Takharuj (Mutual Withdrawal)

Bismillāhi Rahmāni Rahīm 
Date:   4th Ramadan, 1441 A H / 27th April, 2020
Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories  
Lesson:   59
Topic: Al-Takhāruj (Mutual Withdrawal): Part 1  
You are welcome to today's class on inheritance law in Islām!!!

Under Sharī‘ah, the core value of Islamic law of inheritance is the institutionalisation of happiness, equality and peaceful co-existence among the heirs of a deceased’s Muslim.  One of such means through which peace and stability is achieved is the activation of Al-Takhāruj. According to scholars, Al-Takhāruj means exiting, mutual withdrawal or abstinence from inheritance acquisition. Legally, it means peaceful mechanism of withdrawal or abstinence by a legitimate heir with full consent and approval from acquiring his or her rightful shares from the estate of the Mawrūth in order to prevent enmity, altercation and stalemate in estate devolution.  Takhāruj involves the intentional withdrawal of a beneficiary from claiming the estate apportioned to him/her and forfeit its ownership in order to be replaced by another property. In essence, Takhāruj connotes peaceful settlement or consensus of all or number of the heirs to take out a number of rightful heirs from inheritance evolvement by replacing their rights whether from the same property or others.  
The  institutionalisation of Takhāruj as reported by authorities came to reckoning during the Khilāfah (reign) of ‘Uthmān ibn Affān in respect of one of the wives  of AbdulRahman  ibn  ‘Awf  known as  Tamadir bint al-Asbagh al-Kalbiyyah  who was paid 83,000 Dinars to exclude her from the list of inheritors. It was reported that she was divorced by Ibn ‘Awf during his marad al-mawt (death sickness) while she was in her waiting period (Iddah) of divorce (al-Talāq). Incidentally, Ibn ‘Awf died during Tamadir’s three menstrual period and the Sahābah disagreed on her inheritance because she was already divorced and  Ibn ‘Awf had other three wives and children. In normal devolution, Tamadir is entitled to ¼  of 1/8 portion from 32 parts of the estate left behind by her husband. Due to ambiguity that occurred, she was given half of her due shares which was one part of  64 parts equivalent to 83,000 dinar.  The general consensus of the companions who did not refute the verdict of the Khalīfah in the case of Tamadir became a guide or reference (Dalīl) on which the Takhāruj principle was built.
The lesson continues in the next class Inshā’ Allāh 
Jazākumullāhu Khayran for reading today’s lesson.  
Yours in Islām  
© Abū  ‘Ᾱisha 
The Instructor (+2348023670884)
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