Law of Mirath

Topics: Muhammad, Sharia, Islam Pages: 5 (1694 words) Published: April 6, 2009
CHAPTER ONE
STATEMENT OF THE PROBLEM
The Law of Mirath, which mean succession is concerned with the distribution of the estate left by the deceased person, the method implied in the sharing it and the heirs themselves. This aspect of the family law as very important as it is has not been fully understood by the majority of the Muslims in general. The general public has not taken interest in the learnings and writings on it, especially the lay man who constituted the majority in our community. The field is left to the few educated elites and Jurist.

The issues of inheritance as we are seeing it happening in our society has become a problematic issue that most family are facing due to lack of proper understanding of the law by those who are applying it to the people and those who are concerned.

Thus, I take this opportunity to extract some important areas and write in a simple language the Islamic law of inheritance, to enable me learn more about it and also to serve as reference to any student who might want to write on it at the later period. I hope the thesis will be a useful one.

THE PURPOSE OF THE RESEARCH
In view of the fact that Islamic law on mirath is a difficult aspect of law which many tries to run away from, and their running away from it makes the law very far away from the quick understanding of the people, particularly the Muslims whom the law is meant for their protection in the matter of their rights to property of their deceased relatives.

How to bring this law of succession to the door step of ordinary Muslim is the concern of the researcher and so conducted the research with good intention of making the individuals to be aware of his rights to succession as well as that of those to succeed him. THE SCOPE OF THE RESEARCH

This research is concern with the knowledge of the definition or the meaning of succession and its importance. It will also have a brief look at the system of inheritance before Islam as well as the Islamic reform on inheritance.

The research will also focus its attention on the essentials and condition of inheritance as well as the ground of inheritance.
It will then look into the impediments to succession and what shares goes to each heir, then concludes.
Thus, the whole project will be divided into six chapters and conclusion and bibliography to come at the end. THE RESEARCH METHODOLOGY
For the purpose of this research, I am hoping to use the Books on Islamic Laws and Journals pertaining to this topic. There will be also the Quotations from the Holy Qur’an and Ahadith of the prophet (SAW) to prove what ever is written in the project.

Interviews will also be applied where necessary, and also some handout produced for the law students will be contacted. JUSTIFICATION FOR THE USE OF RESEARCH METHOD
The methodology used in this research is the best and the right method to be used for the purpose of this type of subject matter. This is because the topic is pertaining to Law and Allah is the Law giver who has already laid down these laws for his servants to follow.

I therefore find it not necessary to employ any other research method that will bring contradiction to the topic. Thus restricted my self to the Islamic law books written by our learned scholars and Jurist, as well as some books and handout produced out of these books on order not to commit my self by bringing new thing to the Law of Allah which is a divine and unchangeable law. THE MEANING OF INHERITANCE AND ITS IMPORTANCE

In legal terminology, Mirath means inheritance to be divided from the property of the deceased among his successors.
Inheritance could also be dined as the terminology used to mean the science or method of division of the property of the deceased person among his/her successors.
Muhammadu Dasuki, a great and famous Muslim jurist had defined succession as a science by which persons (heirs) who inherit are distinguished from those who do not; the...
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