Project Abstract

Abstract
Inheritance under Islamic law is a fundamental aspect of the legal system that governs the distribution of assets and wealth after an individual's death. However, there are various impediments that can hinder the smooth process of inheritance within the framework of Islamic law. This research project aims to critically appraise these impediments and analyze their implications on the overall inheritance practices in Islamic law. The primary impediment to inheritance under Islamic law arises from the complex and often conflicting interpretations of religious texts and legal principles. Scholars and jurists may have differing opinions on the exact application of inheritance laws, leading to disputes and uncertainties among heirs. Furthermore, cultural norms and practices can also impact inheritance outcomes, as societal expectations may conflict with the legal requirements of Islamic inheritance. Another significant impediment is the lack of awareness and understanding of inheritance laws among individuals and families. Many Muslims may not be fully informed about their rights and obligations regarding inheritance, leading to misunderstandings and potential injustices in the distribution of assets. This lack of education and awareness can perpetuate inequalities and create tensions within families. Legal and procedural obstacles also pose challenges to the inheritance process under Islamic law. In some cases, the legal system may not provide adequate mechanisms for resolving disputes or enforcing inheritance rights, leading to prolonged court battles and financial burdens on the heirs. Additionally, bureaucratic inefficiencies and administrative hurdles can further delay the distribution of assets, causing frustration and discord among family members. Moreover, economic factors such as inflation, fluctuating property values, and financial obligations can complicate the inheritance process and create difficulties in asset distribution. These economic impediments can disproportionately affect certain heirs and lead to inequalities in inheritance outcomes. In conclusion, the impediments to inheritance under Islamic law are multifaceted and require careful consideration and analysis to ensure a fair and just distribution of assets. By critically appraising these impediments and their implications, this research project seeks to shed light on the challenges facing inheritance practices in Islamic law and propose potential solutions to address these issues. Ultimately, a better understanding of these impediments can help improve the inheritance process and promote justice and equity in asset distribution among heirs under Islamic law.

Project Overview

1.1 GENERAL BACKGROUND 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 co center;”>APPRAISAL OF THE IMPEDIMENTS TO INHERITANCE UNDER ISLAMIC LAW

 nsisting 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 inheritance1. 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 praepositus3. For those relatives of the deceased person ‘who are debarred from inheritance by reason stated above, do not adversely affect the right of other heirs from inheritance, neither do they exclude nor restrict their respective shares4. In essences, disqualified heirs are deemed, in law, to be non-existing at all for the purpose of Islamic law of inheritance. For example, where a deceased person left behind two or more agnate brothers who, if not disqualified, would have restricted the mother’s Qur’anic share from one-third (1/3) to one-sixth (1/6) even when they are excluded by the father of the deceased person, but for the disqualification which befalls them, would not affect or restrict the mother’s Quranic share. This is because, for that impediment, they are not recognized in the eyes of the law. 1.2 STATEMENT OF PROBLEM The provision of the Holy Qur’an and the Sunnah of the Prophet (SAW) has specifically and unambiguously state those that are debarred from inheritance. This debarment is either partial or complete. But the problem lies on the arguments forwarded by each school of Islamic Jurisprudence or jurists with respect to a particular bar on inheritance. It will not be feasible for the Muslim world if these arguments can go on without careful regard being had to the fundamental provision of Qur’an and Sunnah. The second problem is in respect of the research work itself. This topic i.e. “An Analysis of the Impediments to Inheritance under Islamic Law” is a vital topic that concerns every aspect of the distribution of estate of a Muslim, particularly where there is a marriage relationship between a Muslim man and non-Muslim woman and it give rise to protracted litigation especially where the legitimacy of one of the potential heirs is in dispute. Thirdly, with respect to apostasy, many writers or Islamic law jurists undermined a situation where, for example, a man renounces his religion but his wife or children remain Muslims or vice versa. This is a controversial area that needs a thorough research and clear explanation but has been neglected. Finally, the issue of killing as an impediment to inheritance under Islamic law is also an area that is very vital under the principles of Islamic law but not much has always been said about it. And, most writers limits, themselves on basically only four or to some extent five elements that constitutes impediment to succession under Islamic laws. However, the present researcher suggests that it is more than that, for there are other elements that debar a person from inheriting a deceased estate either temporally or permanently.