Al-'Awl (Share Aggravation Part 2)

Bismillāhi Raḥmāni Raḥīm 
Date:   16th Shawwal, 1441 A H / 8th  June, 2020
Subject:   Al-Farā’id (The Islamic Law of Inheritance) 
Lesson:   65
Topic: Al-‘Awl ( The Share Aggravation): Part 2
Last week, we explained that 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. We also said that Khalīfah ‘Umar bin Al-Khattāb was reported to have been the first Muslim Judge to adopt the doctrine of al-‘awl. 
Furthermore, we must know that the benefit of al-‘awl in inheritance distribution include the creation and fostering of kin solidarity among the legal heirs without favouritism or prejudice. It is then apposite for us also to know that al-‘awl doctrine was adopted through consensus (Ijmā‘) of some companions of the Holy Prophet in an attempt not to exclude whom Allah has included in the scheme of inheritance. Also, al-‘awl  is only applicable when the denominator of the sum of the shares is either 6, 12 or 24 which will change to 7, 8, 9 and 10 in case of (denominator 6), 13,15 and 17 in case of (denominator 12) and 27 and 31 in case (of denominator 24) respectively. We must also know that any of the Qur’anic Fixed Sharers can fall a victim of al-‘awl once a daughter, agnatic granddaughter, full sister or consanguine sister are among the heirs and also it occurs only if either the husband or the wife is present among the heirs. 
Inshā’ Allāh, we shall give practical examples of all the aforementioned principles in our next class on Wednesday.  Jazākumullāhu Khayran for reading today’s lesson.  
Yours in Islām  
©Busari Muhammad Jamiu (Abū  ‘Ᾱisha)
The Instructor (+2348023670884)
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