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Appraisal of The Impediments To Inheritance Under Islamic Law

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Description

Download Appraisal of The Impediments To Inheritance Under Islamic Law. Law students who are writing their projects can get this material to aid their research work.

Abstract

There are some obstacles and impediments which prevent an inheritor to benefit from the assets left by his/her deceased relation.

Broadly, there are four cases consisting of the obstacles, bar or impediment to inheritance, they include Homicide (Qatl), difference of religion, Apostasy (Riddah), and Slavery. Some jurists, however, includes difference of domicile as an impediment to inheritance.

Introduction

Each one of them functions independently from another and bars the beneficiary from materializing his right of inheritance2.

There are divergent views from different schools of Islamic Jurisprudence over the concept or rather what constitute impediments to inheritance under Islamic Law, despite the fact that some of these impediments are clearly contained in the primary sources as explained by the Prophet (S.A.W).

Impediments to inheritance are the personal acts or attributes of a person which disqualifies him from succession who would otherwise be an entitled heir on grounds of blood or marital relationship with the praepositus.

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