Al-'Awl (Share Aggravation) Part 1

Bismillāhi Raḥmāni Raḥīm 
Date:   9th Shawwal, 1441 A H / 1st June, 2020
Series 2:   Al-Farā’id (The Islamic Law of Inheritance) 
Lesson:   64
Topic: Al-‘Awl (Share Aggravation): Part 1
In simple term, Al-‘Awl means the increase in the shares of the fixed sharers (asḥāb al-furūd) from their original fixed shares and a decrease in the value of the share of the whole estate. The underline principles of Al-‘Awl can only occur as the result of inclusion of legal heirs of several categories and the tendency to make as many beneficiaries as possible. 
It also means mathematical process through which the specified shares of the Qur’anic heirs are proportionately reduced by raising the lowest common multiple to create an additional share.
It is record that Khalīfah ‘Umar bn Al-Khattāb was reported to have been the first Muslim Judge to adopt the doctrine of al-‘Awl in a case involving a husband and two sisters as heirs in distribution of estate left behind by a deceased Muslim woman.  The husband is a legal heir who is entitled to the fixed share of Niṣf (half of the estate) while the two full sisters are also entitled to the remaining two- third (thuluthān) of the estate also as fixed heirs. By so doing, the inheritance situation became complex; hence, Khalīfah ‘Umar adopted al-‘Awl doctrine. The husband ½   (which is 3/6) added to the full sisters 2/3 (which is 4/6) will produce 7/6 which is untenable in fraction. To avert this, the Khalīfah increased the denominator from 6 to 7 to accommodate the division (3/7 + 4/7 = 7/7 = 1) and the complexity was settled.

Inshā’ Allāh, the class continue on Wednesday.
Jazākumullāhu Khayran for reading today’s lesson.  
Yours in Islām  
© Abū  ‘Ᾱisha 
The Instructor (+2348023670884)
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