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 power of inheritance verses especially Q4: 11, 12 and 176; and this is acceptable under Sharī‘ah for the smooth and speedy resolution on inheritance imbroglio that might occurred. Indeed, the Takhāruj principle must be carried out through a proper channel and must receive the overwhelming approval and agreement of all beneficiaries.   It is further opined that the Sulh (Settlement) from which Takhāruj principle is  derived is deduced from Q4:128 where Allāh says: “There is no blame on them if they arrange an amicable settlement between themselves; and such  settlement is best”. Thus the verse further emphasized the resolves of Islamic law of inheritance in legislating against usurping other’s asset except through legitimate means as stipulated in Q4:29.
Jazākumullāhu Khayran for reading today’s lesson. Ramadan Mubārak to you all!!!   
Yours in Islām  
© Abū  ‘Ᾱisha 
The Instructor (+2348023670884)
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