LAW 259: Islamic Law of Inheritance unravels the complex framework of inheritance rights and duties as outlined in Islamic jurisprudence. This course delves into the Quranic injunctions and Hadith that form the bedrock of Islamic inheritance laws, exploring the principles of justice, equity, and compassion that govern the distribution of a deceased’s estate among heirs. Students will examine the fixed shares prescribed for various relatives, the concept of ‘Asaba (residuary heirs), and the rules regarding bequests and debts.
Through a detailed study of case studies and legal opinions (fatwas), this course addresses contemporary issues in the application of Islamic inheritance laws, such as the rights of women and orphans, the treatment of non-Muslim relatives, and the challenges posed by modern family structures. It also explores the reconciliation of Islamic law with secular legal systems in Muslim-majority and minority contexts.
By critically engaging with historical and modern interpretations of Islamic inheritance law, students will gain insights into the dynamic nature of Islamic jurisprudence and its adaptability to changing societal needs. The course emphasizes the role of Islamic law in fostering family solidarity and social justice through equitable wealth distribution.
Overall Objectives for this Course:
By the end of this course, students should be able to:
- Articulate the foundational principles of Islamic inheritance law as derived from primary Islamic sources.
- Identify the shares of different heirs according to Islamic jurisprudence and calculate inheritance distributions.
- Evaluate the ethical considerations underlying the Islamic law of inheritance, emphasizing justice and compassion.
- Analyze contemporary challenges in applying Islamic inheritance laws within modern legal systems.
- Discuss the implications of Islamic inheritance laws on women, orphans, and non-Muslim relatives.
- Critically assess the compatibility of Islamic inheritance principles with international human rights standards.
- Explore the mechanisms for resolving conflicts between Islamic and secular inheritance laws.
- Reflect on the potential reforms within the framework of Islamic jurisprudence to address modern societal issues.
Curriculum
- 15 Sections
- 0 Lessons
- 14 Weeks
- Reading ProjectFor a comprehensive coverage on Islamic Law of Inheritance, the book “The Islamic Law of Inheritance” by Hamid Khan is highly recommended. This book offers a comparative study of recent reforms in Muslim countries and covers the study of Islamic law of succession, both intestate and testamentary, based on original sources. It delves into the historical and theological bases of the Islamic law of succession developed by Muslim schools of jurisprudence.0
- Week 1: Introduction to Islamic Inheritance Law: Sources and Principles0
- Week 2: The Quranic Framework for Inheritance Distribution0
- Week 3: Fixed Shares and Residuary Heirs in Islamic Law0
- Week 4: Rights and Duties of Heirs Under Islamic Jurisprudence0
- Week 5: Bequests, Debts, and the Estate\’s Preparation for Distribution0
- Week 6: Women and Orphans in Islamic Inheritance Law0
- Week 7: Treatment of Non-Muslim Relatives and Converts0
- Week 8: Case Studies: Application of Islamic Inheritance Law in Muslim-majority Countries0
- Week 9: Islamic Inheritance Law in Secular and Non-Muslim Contexts0
- Week 10: Reconciling Islamic and Western Legal Systems on Inheritance0
- Week 11: Ethical and Social Objectives of Islamic Inheritance Law0
- Week 12: Contemporary Debates and Reform Efforts in Islamic Inheritance Jurisprudence0
- Week 13: Student Presentations on Selected Topics0
- Week 14: The Future of Islamic Law of Inheritance: Challenges and Opportunities0
Instructor
