TITLE:
Provisions of the Rights of Inheritance in Special Circumstances in the Muslim Law: An Overview
AUTHORS:
Mohi Uddin
KEYWORDS:
“Inheritance”, Child in Mother Womb, Missing Person and Concurrent Death
JOURNAL NAME:
Beijing Law Review,
Vol.12 No.1,
March
22,
2021
ABSTRACT: The provision of rights of inheritance in the Muslim law is Allah’s command to the Muslim Community. In the holy Quran, Allah specified the portions of an heir. This research will describe and indicate the rights of inheritance in particular circumstances under Muslim Law. The holy Quran does not express directly regarding the rights inheritance of a person in some special circumstances. For this reason, Jurists originate particular rules regarding their “right of inheritance” by the support of the Quran, “Hadith,” Ijma, and “Qiyas”. There is a gap between faith and humanity, and our social order does not preserve the portions of properties in some special cases. So, there is needed to protect the rights of inheritance of a person in special cases for better solutions of a future event and implement Allah’s command in these regards. This article shall try to give an overview on the rights of inheritance of a child in the mother’s womb, a missing person, the concurrent or simultaneous death. Finally, by this research, the researcher shall attempt to create a specific structure for protection of rights of inheritance in exceptional cases in acquiescence with the said provisions of the “Holy Quran, Hadith, Ijma, Qiyas”, and likewise view of various renowned Imam and “jurists of the Muslim World”.