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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 agreemen...

Al-Takharuj (Mutual Withdrawal)

Bismillāhi Rahmāni Rahīm  Date:   4th Ramadan, 1441 A H / 27th April, 2020 Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories   Lesson:   59 Topic: Al-Takhāruj (Mutual Withdrawal): Part 1   You are welcome to today's class on inheritance law in Islām!!! Under Sharī‘ah, the core value of Islamic law of inheritance is the institutionalisation of happiness, equality and peaceful co-existence among the heirs of a deceased’s Muslim.  One of such means through which peace and stability is achieved is the activation of Al-Takhāruj. According to scholars, Al-Takhāruj means exiting, mutual withdrawal or abstinence from inheritance acquisition. Legally, it means peaceful mechanism of withdrawal or abstinence by a legitimate heir with full consent and approval from acquiring his or her rightful shares from the estate of the Mawrūth in order to prevent enmity, altercation and stalemate in estate devolution.  Takhāru...

Special Announcement

Salam Alaykum Warahmatullah Wabarakatuh. Dear participants,  I wholeheartedly wish you a blessed Ramadan in advance. We are happy to acquaint you about our redesign schedules of program on all our platforms (WhatsApp, Telegram, LinkedIn, WordPress, Facebook, Blogger) and our YouTube channel. The schedule is as follow: 1. Every Mondays and Wednesdays would be used for new lessons on Inheritance Law in Islam.  2. Every Fridays would be used for tutorial assessment in which questions would be asked from the lessons learnt so far. 3. Every Saturdays and Sundays would be used for questions and answers in which the Platforms would be opened for all. 4. We shall be recording our lectures on inheritance law in Islām to be shared on our channels on Facebook and YouTube. 5. Periodically, our PDF file in which our lessons learnt so far is codified would be updated insha Allah. 6. Lastly, you can search, like and join all our platforms on all social media and YouTube channel with the name...

Inheritance of a Missing Person under Islamic Law by Abu Aisha Part 4

Bismillāhi Rahmāni Rahīm  Date:   28th Rajab, 1441 A H / 23rd March, 2020 Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories   Lesson:   58 Topic: Inheritance of the Missing Heir (Mīrāth Al-Mafqūd): Part 4   You are welcome to today's class on inheritance law in Islām!!! In our last three classes, we have been able to look at the definition of Al-Mafqūd under Islamic legal context and some Islamic ruling as regards the inheritance of a missing person or missing heir. We have discussed the legal waiting period and the portion of a missing person as an heir under Islamic law. Today, Inshā Allāh, we are looking at the appearance of Al-Mafqūd and the status of Al-Mafqūd ‘s wife or wives: Appearance of Mafqūd-  If a declared missing person has been judicially  pronounced dead by  Sharī‘ah Court  or any recognized  court of   law and his properties devolved among his legitimate heirs, ...

Inheritance of a Missing Person under Islamic Law by Abu Aisha (Part 2)

Bismillāhi Rahmāni Rahīm  Date:   21st Rajab, 1441 A H / 16th March, 2020 Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories   Lesson:   56 Topic: Inheritance of the Missing Heir (Mīrāth Al-Mafqūd): Part 2   You are welcome to today's class on inheritance law in Islām!!! In our last class, we defined who Al-Mafqūd is. He or she is someone whose whereabouts are unknown and it is not certain whether he or she is alive or dead. We also said that there are a lot of contentious debates among the four schools of thought and various jurists as regard whether the missing person can be a beneficiary of estate devolution as a potential heir or would he or she be inherited in absence by his legal heirs.  In solving these questions, the scholars propounded verdicts on the waiting period, Al-Mafqūd’s shares as heir, appearance of Al-Mafqūd and the Iddah of Al-Mafqūd’s wife/wives. However, due to limited space, we shall be...

Inheritance of a Missing Person Under Islamic Law by Abu Aisha

 Bismillāhi Rahmāni Rahīm  Date:   16th Rajab, 1441 A H /  11th March, 2020 Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories   Lesson:   55 Topic: Inheritance of the Missing Heir (Mīrāth Al-Mafqūd): Part 1   You are welcome to today's class on inheritance law in Islām!!!      Dear participants, it is a great honour for us as Muslims to declare that Shari ‘ah is an all-encompassing divine law, and when it comes to succession and inheritance procedures, ‘ilm al-Farāid as branch of Shari ‘ah has taken care of everything that we might think of. In this regards, the inheritance rights of a missing person has also been appropriated according to Shari ‘ah to eschew enmity among the blood relations.  Therefore, who is a missing person? Under Islamic law, a missing person is known as al-Mafqūd. This is legally defined as someone whose whereabouts are unknown and it is not certain whether he ...

Writing a Shariah-compliant Will as a Muslim in a non-Islamic States by Abu Aisha (The Concluding Part)

 Bismillāhi Rahmāni Rahīm  You are welcome to today's class on inheritance law in Islām. Date:   4th Rajab, 1441 A H /  28th February, 2020 Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories   Lesson:   54 Topic:  Writing a Shari ‘ah-Compliant Will as a Muslim in non-Islamic State (The Concluding Part) Dear Participants, we have been able to concisely analyzed the intrigues of writing a Shari ‘ah-Compliant Will which would be admissible in the Courts for those Muslims living in non-Islamic State. Once the Wasiyyah is written, we need to engage the services of Muslim lawyers who are conversant with both Islamic and Common law provision. He would then scrutinize the testament of our Wills and lead us to the Probate registry of the State High Court where we reside. At the probate registry, your Will would be registered and scrutinized. Your lawyer as your attorney is obliged to fill and file the probate form of ...