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Essence of Al-Takharuj

Bismillāhi Rahmāni Rahīm  Date:   11th Ramadan, 1441 A H / 4th May, 2020 Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories   Lesson:   61 Topic: Essence of  Al-Takhāruj (Mutual Withdrawal): Part 3   You are welcome to today's class on inheritance law in Islām! During our last two classes, we discussed the meaning, methods and principle of Al-Takhāruj in the inheritance process under Islamic law. Today, Inshā’  Allāh we are looking at the essence of Takhāruj during inheritance sharing and acquisition. It must be noted that the core value of Takhāruj principle and practice is the enthronement of  peace,  affection and order among the potential heirs and to eschew enmity from the devolution process.  The adoption of this mechanism was as the result of Sharī‘ah’s flexibility and purpose to allow consensus and settlement among the heirs. Thus, jurists believe that the applicability of this principle as agreed upon by the potential heirs relatively toned down the powe