PROBLEMS AND ISSUES ON THE RIGHT OFA PERSON TO INHERIT UNDER THE ISLAMIC LAW OF SUCCESSION

This article provides a brief description on the background of the Islamic law of succession, with reference to some problems and issues related to the obligatory bequests, the doctrine of representation' and other ratification on the bequests under the four schools of law. The focus is on comp...

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Bibliographic Details
Main Author: Mariam Saidona Tagoranao, Dr.
Format: Article
Language:English
Published: Universiti Sains Islam Malaysia 2016
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Online Access:http://ddms.usim.edu.my/handle/123456789/9979
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Summary:This article provides a brief description on the background of the Islamic law of succession, with reference to some problems and issues related to the obligatory bequests, the doctrine of representation' and other ratification on the bequests under the four schools of law. The focus is on comparing the controversial issues regarding the obligatory bequest and the representation of grandchildren which has been claimed by the ulama of Pakistan2 as pure innovation as it runs against the principle of Islamic law. A knowledge of the differences, relative strength and weaknesses of these principles may be useful in devising and proposing statutory changes and such other measures which may be found to be necessary in strengthening and developing the Islamic law of succession in Muslim countries and other nations with Muslim minorities.