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Problems On Mahamadan Law Of Inheritance

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Islamic Law Of Inheritance

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Author : Hamid Khan
language : en
Publisher: Oxford University Press, USA
Release Date : 2007

Islamic Law Of Inheritance written by Hamid Khan and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.

Based on original sources, this book includes the historical and theological bases of the of the Islamic law of succession developed by the Muslim schools of jurisprudence. The author makes a comparative study between theSunni and Shia laws of inheritance and focuses on problems being faced by Muslims due to the strict application of traditional Islamic law in their contemporary situations. This book is an essential component of the course on'Muslim Personal Law' for LLB students and the course on 'Islamic Law' for LLM students.

Issues In Islamic Law

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Author : MashoodA. Baderin
language : en
Publisher: Routledge
Release Date : 2017-07-05

Issues In Islamic Law written by MashoodA. Baderin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Law categories.

Islamic substantive law, otherwise called branches of the law (furu al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied. The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process ofcultivation (istithmar), whereby the qualified jurist (mujtahid), as thecultivator uses relevant rules of legal theory to harvest the substantive law on specific issues in form offruits (thamarat) from the sources. The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar). These areas of substantive law have been selected due to their contemporary relevance and application in different parts of the Muslim world today. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.

Islamic Law

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Author : Mashood A. Baderin
language : en
Publisher: Oxford University Press, USA
Release Date : 2021

Islamic Law written by Mashood A. Baderin and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Islamic law categories.

Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.

Inheritance According To The Five Schools Of Islamic Law

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Author : Allamah Muhammad Jawad Maghniyyah
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2017-10-24

Inheritance According To The Five Schools Of Islamic Law written by Allamah Muhammad Jawad Maghniyyah and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-24 with categories.

This work on the Shariah or Islamic Law offers a comparative study of the Divine Law that, according to authentic Islamic doctrines, embodies the Will of God in society. In the Islamic world view, God is the ultimate legislator. The five major schools that are used in the comparison are: Hanafi, Hanbali, Shafi'i, Maliki and Jaf'ari. The present book, vol. 7 of 8, is dedicated to dissecting the intricate ways of Inheritance, the conditions and situations that may occur. The issue is presented according to the five Schools of thought.

Mirath

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Author : Authenticate Ulama's Organization
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2016-10-20

Mirath written by Authenticate Ulama's Organization and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-20 with categories.

When a person dies, his ownership of his property ends, and is to be given to his heirs. It is Allah's Ta'ala favour upon us that He has not made the disposal of that wealth as charity necessary, but rather, He in His wisdom knows that the death of any person is a great loss to their relatives and an even greater loss to their dependents who relied upon them for provision. That said, Allah Ta'ala also knew that Man has greed. And it is this greed that causes brother to hate brother and sister, and to usurp the rights of the less persuasive. For this reason, Allah has fixed, very clearly in the Qur'an, the allotted shares of the relatives of the deceased. This has been further mapped out in the Ahadith by the Prophet of Allah Ta'ala so as to leave no scope of doubt or leeway for argument in who gets what. Everyone will get their share: No more, no less. This prevents the greedy from getting more than their share and it stops the undefended from receiving less than their allotment. In Islam the concept of the wealth only going to the first born son is seen as oppressive. Islam has also distinguished the different levels of dependency of the closer relatives and has stipulated amounts varying in quantity in different circumstances. The factors that lessen one relative's share is the presence of another relative, who also has a considerable relationship with the deceased. There are times when an allotment may seem unfair, these will also be explained. For example, of two inheriting brothers, one may be financially well off whereas the other is poor. This will not mean that the poorer brother will get everything or more than the richer brother. This is because inheritance is not charity and is given on account of the strength of the relationship not on account of who is more needy. Both brothers in this aspect are equal, and will thus receive an equal share. This book only deals with the financial side of the events around death. For an in-depth look at the rites of passage of the burial please refer to our publication, "What to do when a Muslim Dies".

Al Tufi S Concept Of Maslahah An Attempt To Apply On The Woman S Inheritance In The Islamic Inheritance Jurisprudence

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Author : Mohamed Gad
language : de
Publisher: GRIN Verlag
Release Date : 2021-05-18

Al Tufi S Concept Of Maslahah An Attempt To Apply On The Woman S Inheritance In The Islamic Inheritance Jurisprudence written by Mohamed Gad and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-18 with Religion categories.

Masterarbeit aus dem Jahr 2020 im Fachbereich Orientalistik / Sinologie - Islamwissenschaft, Note: 1,8, Universität Leipzig (Oriental Institute), Veranstaltung: Arabic and islamic Studies, Sprache: Deutsch, Abstract: This study aims to find an access point from which one can arrive at a principle that, based on the authoritative sources of Islam, provides a solution to the current problems of the entire Islamic community. The study deals scientifically with the concepts common good (al-Maslahah), the text (al-Nass) and the specification (at-Takhsis) of Al-Tufi to then examine whether this principle applies to current problems of Islamic law how the daughters' inheritance entitlement is to be applied. The right of inheritance of women in Islam was revolutionary. Now that women are on the job market, take part in the maintenance of the family, and even become the breadwinner, it is totally unfair to give them only half of the inheritance of a male person. The practice of the Companions of the Prophet shows several cases where they have deviated from the authoritative parts of the inheritance in the Quran for achieving justice among the heirs, which questions whether they have any definite meaning. Did the inheritance parts in the Quran only serve as guiding examples? The maslaha concept by Al-Tufi checks the legal norms for consequences in reality. If a norm was derived from a presumptive text and in practice somehow leads to harm to people, one may rather recognize the benefit of the people and avert the harm. Whether the inheritance of Quranic parts are presumptive and the maslaha concept comes into use is the subject of this thesis.

Women In Muslim Family Law

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Author : John L. Esposito
language : en
Publisher: Syracuse University Press
Release Date : 2001-09-01

Women In Muslim Family Law written by John L. Esposito and has been published by Syracuse University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-09-01 with Law categories.

This second edition of John L. Esposito's landmark book expands and updates coverage of family law reforms (in marriage, divorce, and inheritance) throughout the Middle East, North Africa, and South and Southeast Asia, and analyzes the diverse interpretation of Muslim family law, identifying shifts, key problems, and challenges in the twenty-first century.