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Practical Examples of Al-Radd Doctrine

Bismillāhi Raḥmāni Raḥīm  Date:   14th  Dhul-Qahdah, 1441 A H /  6th June, 2020 Subject:   Al-Farā’id (The Islamic Law of Inheritance)  Lesson:   70 Topic: Al-Radd (Shares Redistribution or Return of Residue): Part 4 Sub-Topic: Practical Examples of Al-Radd Dear Participants, In our last three classes, we have learnt about the meaning, importance and modern application of Al-Radd in some Muslim countries. Today, Inshā’ Allāh, we are looking at some practical application of Al-Radd as inferred fron case of inheritance distribution: 1.   A  Man died and left behind a daughter, his wife and no residuary. How can we share his estate?  Solution: Initially, the daughter inherits ½ which is 4/8, the wife inherits 1/8 which is 1/8. The equation is 4/8+1/8= 5/8.  There is residue of 3/8. In this case only the daughter has the legal capacity to inherit the remnant; hence, the residue will be allotted to her. Thus the share...

Writing an Islamic Will in non-Islamic State (Part 2)

Bismillāhi Rahmāni Rahīm  You are welcome to today's class on inheritance law in Islām. Date:   20th Jumādah Thānnī , 1441 A H /  14th February, 2020 Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories   Lesson:   51 Topic:  Writing a Shari ‘ah-Compliant Will as a Muslim in non-Islamic State? (Part 2) Glory be to Allah!!!  Having defined the meaning of Shari ‘ah-Compliant Will  and non-Islamic State in our last class, it is now imperative to look at the modalities that could be adopted by a Muslim living in non-Islamic state to write his Wasiyyah and make it valid and tenable in the Court of law after his or demise. We must bear it in mind however, that, as we exemplified previously, the common law Will and its content are not the same as Shari ‘ah-Compliant Will because in Islām, a Muslim cannot use his or her Will to decimate or share his or property while alive as obtainable in common law, but, he or s...

Writing an Islamic Will as Muslim in non-Islamic State

                                                                      Bismillāhi Rahmāni Rahīm  You are welcome to today's class on inheritance law in Islām. Date:   16th Jumādah Thānnī , 1441 A H /  10th February, 2020 Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories   Lesson:   50 Topic:  How can a Muslim write a Shari ‘ah-Compliant Will in non-Islamic State? (Part 1) Alhamdulillāhi  for  the guidance of Islām. In the last two weeks, we have enunciated the meaning, concept and features of Islamic Will (Al-Wasiyyah) and the Common Law Will. We also enumerated the few similarities and differences among the two processes. This week, we are looking at a phenomenon whereby a devoted Muslim living in non-Islamic State would write a Sh...

Differences between Al-Wasiyyah and the Common Law Will (Part 3)

Bismillāhi Rahmāni Rahīm  You are welcome to today's class on inheritance law in Islām. Date:   12th Jumādah Thānnī , 1441 A H /  5th February, 2020 Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories   Lesson:   48 Topic:   Al-Waṣiyyah (Bequest) and Common Law Will Writing and Execution  Sub-Topic:  The  Differences (Part 3) In our last class, we enumerated some similarities between Al-Wasiyyah and the Common law Will. Today,  Inshā Allāh, we are looking at the differences between the two and what distinguished the former from the latter as the most appropriate method of writing will in term of content, application and appropriateness. In nutshell, some of the differences between the two are: 1.  Al-Wasiyyah was divinely promulgated by Allah ( See Q2: 180-182); hence, its uniformity while the common  law Will world over was a product of man’s discretion; hence its discrepancy fro...

Daily Lesson on Inheritance Law

Bismillāhi Rahmāni Rahīm  You are welcome to today's class on inheritance law in Islām. Date:   3rd  Jumādah Thānnī , 1441 A H /  27th    January, 2020 Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories   Lesson:   45 Topic:  Revision on Will or Bequest Writing in Islām (Al-Waṣiyyah) Sub-Topic: Conditions, Features and Benefits of  Al-Waṣiyyah (Bequest/Will): Part 1 As students of Islām, it’s imperative upon us to be acquainted with the conditions, features and benefits of  Al-Waṣiyyah. Generally, as inferred from Qur’anic provisions and aḥādith of the Prophet, the following are deduced by majority of scholars as conditions, features, benefits and restrictions of Al-Waṣiyyah: 1.  Bequest was mandatory before the revelation of the verses of inheritance. 2.  The Waṣiyyah verses were abrogated by inheritance verses in the cases of legal heirs but remain valid in favour of non- heirs...

Islamic Inheritance Law

Bismillāhi Rahmāni Rahīm  You are welcome to today's class on inheritance law in Islām. Date:   29th  Jumādah al-Ullah , 1441 A H /  24th    January, 2020 Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories   Lesson:   44 Topic:  Revision on Will or Bequest Writing in Islām (Al-Wasiyyah) Sub-Topic: Types of  Al-Waṣiyyah (Bequest/Will) Alhamdulillāh, in our previous classes, we have deliberated on the meaning and the origin of Al-Waṣiyyah in Islām. This week, we are looking are the types of Al-Waṣiyyah and its conditions, features, benefits and restrictions as enshrined under Islamic law. According to some scholars, there are two types of Al-Waṣiyyah; namely, specific and general bequests. Specific bequest entails a bequest made on a particular item or a special property while the general bequest is not special. They opined that the differences between the two is that the specific bequest is dete...