Methods and Principles of Al-Takharuj

Bismillāhi Rahmāni Rahīm 
Date:   6th Ramadan, 1441 A H / 29th April, 2020
Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories  
Lesson:   60
Topic: Methods  and Principles  of Al-Takhāruj (Mutual Withdrawal): Part 2  
You are welcome to today's class on inheritance law in Islām!
Alhamdulillāh, in our last lesson, we gave legal definition of al-Takhāruj under Islamic law. Today we are briefly looking at the methods and principles of al-Takhāruj. There are three known methods through which Takhāruj is activated; these are:
i.  Takhāruj between an heir and other heir/heirs:  This involves exiting of a heir to withdraw from acquisition of his rightful share of inheritance. 
ii.  Takhāruj for Exchange: This involves the exit of a heir from certain estate in return for something else from remaining Tarikah(Property).
iii.  Takhāruj for Compensation: This involves the consensus agreement of all potential heirs to jointly pay a heir who withdraws from the inheritance acquisition with something else.
  Furthermore, for the principles of Takhāruj to be valid, the following must be ascertained as propounded by various scholars of Schools of Thoughts (Madhāhib):
i. There must be an evidence of consanguinity (blood relationship) between the heirs who attempt Takhāruj
ii.   Takhāruj process and validity depends upon the consensus of all beneficiaries.
iii. It becomes Hibah (gift) when an heir relinquished his or her shares without any compensation or exchange. 
iv.  Takhāruj becomes annulled whenever the agreement or contract between the heirs who did Takhāruj were not fulfilled. 
v.  Takhāruj can also be voided and annulled when the debt valuation of the deceased overweighed the estate itself, or the Wasiyyah (Will written by the deceased) resurfaced and changed the actual portion of each heirs, or the existence of an unknown legitimate heir is confirmed.
All the afore-mentioned shall affect and nullify the Takhāruj agreement.  Inshā’  Allāh, we shall continue in the next class
Jazākumullāhu Khayran for reading today’s lesson.    
Yours in Islām  
© Abū  ‘Ᾱisha 
The Instructor (+2348023670884)
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