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About This Course

This course is a study in comparative jurisprudence regarding inheritance law and wealth distribution, combining legal foundations with practical judicial applications. It focuses on the study of the merits of the science of inheritance and the five filters of the estate, such as rights in rem, debts, wills, and inheritance. It targets students of Islamic sciences, legal researchers, and lawyers wishing to build a solid foundation for understanding financial transactions and personal status laws.

Learning outcomes

  • The importance of inheritance law: deriving its legislative wisdom and significance, and connecting it to obedience and drawing closer to God.
  • Types of ownership: the precise distinction between forced ownership (inheritance) and voluntary ownership (such as sale, gift, and will).
  • Rights of the estate and debts: the practical arrangement of the five rights related to the estate, classification of debts (specific and general), and provisions for preparing the deceased.
  • Provisions for wills: outlining the conditions for their validity (for heirs or non-heirs), the concept of "mandatory wills" in contemporary laws, and the regulations for their judicial documentation.

Course Requirements

  • Understanding the rules and general principles of Islamic jurisprudence and knowledge of basic jurisprudential terminology
  • Grasping the meanings of the verses related to rulings, especially the verses about inheritance found at the end of Surah An-Nisa
  • Desire and commitment to follow the six parts of the course in sequence

Course Curriculum

  1. Introduction and Overview of Curriculum Objectives
  2. The Status of the Science of Inheritance and the Related Merits
  3. The Objectives and Legal Boundaries in the Verses of Inheritance
  4. Ownership Standards (Compulsory Ownership vs. Optional Ownership)
  1. The Juridical Reason Behind the Naming of Obligations as Half of Knowledge
  2. The Five Inheritance Shares and the Overall Order of Rights
  3. Differences in Methodology (The Majority vs. the Hanbalis)
  1. Financial Regulations for Preparing, Washing, and Burying the Deceased
  2. Rules for Estimating the Shroud and the Ruling on Preparing the Deceased Wife
  3. Property Debts Related to Inheritance Assets and Their Applications
  4. Sent Debts and Regulations for Exonerating the Deceased's Debt
  1. Practical Jurisprudential Reconciliation of Religion Over Bequest
  2. The Jurisprudential Rulings on Bequests (Between Heirs and Non-Heirs)
  3. The Essential Differences and Similarities Between Wills and Inheritance
  4. Laws of Mandatory Inheritance and Judicial Documentation of Wills
  1. Introduction and Review of Inheritance Rights
  2. Justice of Inheritance Law and the Comparative Historical Model
  3. The Three Allied Sciences for the Formation of Inheritance Law
  1. The Juridical and Social Definition of Inheritance Science and Its Principles
  2. The Three Pillars of Inheritance and Their Foundations in the Qur'an
  3. The Authority of Personal Property and Guardianship Cases over the Spendthrift
  4. Dividing Inheritances in Life and the Psychological Impact on the Patient
  1. Agreed Reasons for Inheritance and Their Mutual Wisdom
  2. Condition One: Death of the Deceased (Actual, Presumed, and Estimated)
  3. The Five Stages of Human Life and the Rules Regarding the Fetus and Offenses Against It
  4. The Second and Third Conditions: The Heir's Life and the Beginning of Inheritance Impediments
  1. Review of Inheritance Conditions and Introduction to the Lecture
  2. The Rules of Inheritance of Drowning Victims and Casualties in Mass Disasters
  3. The Legal and Procedural Foundations of the "Mandatory Bequest Law"
  1. Introduction to the Three Agreed Upon Inhibitors of Inheritance
  2. The Prohibition of Killing and Its Jurisprudential Details Between Intentional and Unintentional
  3. The Prohibition of Slavery and Its Legal Effect on the Disinheritance of the Estate
  4. The Prohibition of Religious Differences and the Rules of Inheritance for Spouses with a Person of the Book
  1. The Three Types of Inheritance: Fixed Share, Agnatic Share, and Uterine Share
  2. The Ranks of Heirs According to the Hanafi and Hanbali Scholars
  3. The Ranks of Entitled Persons According to the Maliki and Shafi'i Schools (Earlier and Later)
  4. The Legal and Judicial Applications for Distributing the Estate of One Who Has No Heirs
  1. The Rulings on the Inheritance of a Foster Child and the Position of Contemporary Jurists on It
  2. Inheritance Rules for the Intersex (Complex and Non-Complex) and Methods for Estimating Their Shares
  3. The Concept of "Mawla Al-Itaq" and Its Context, and the Conclusion of the Lecture
  1. Responding to Students' Jurisprudential Inquiries (The Issue of Father’s Gifts and Children's Donations)
  2. Review of the Hierarchies of Inheritors and Introduction to the Fixed Shares
  3. The Heirs of Men in General and Detail, and Their Relationship to the Deceased
  4. Female Heirs by Blood Relationship and Cause and the Ratio Rule for the Deceased
  1. Inheritance by Division and Distribution and Their Conditions
  2. Inheritance Window: The Concept and How to Draw and Fill in the Table Vertically
  3. The Six Prescribed Duties in the Book of God (First and Second Groups)
  4. The Principles of the Seven Issues Adopted by the Jurisprudents
  1. Rooting Issues with Traditional Methods (Similarity, Intersection, Compatibility, Contrast)
  2. Modern Foundations of Problems (Least Common Multiple LCM)
  3. Establishing Issues of Pure Alliances (Single Gender or Mixed)
  4. Advanced Practical Applications and General Alerts (Death, Inheritance of the Drowned, and Homework Solutions)
  1. Review of the Inheritors among Men and Women and the Ratio Rule for the Deceased
  2. Review of Inheritance Shares and Fixed Quotas in the Book of God
  3. Methods for Establishing Issues and Extracting the Seven Fundamental Issues
  1. Classification of the Heirs and the Criteria for Strength and Preference Among Them
  2. Definition of Inheritance by Attribution and Preference Between the Fixed Share Holder and the Agnate
  3. Order of Kinship Terms and Criteria for Presentation (Party, Degree, Strength of Kinship)
  4. The Three Types of Kinship (Self, Others, and With Others)
  1. The Wisdom of Starting with the Legacy of Spouses and Comparing the Hanafi and Shafi'i Schools
  2. The Rules of Inheritance for Wives and Their Practical Applications in the Cases of One-Quarter and One-Eighth
  3. Rules of Inheritance for Spouses and Their Practical Applications in the Cases of Half and Quarter
  4. Rules of Inheritance for Children (Son by Agnatic Right, Daughter by Fixed Share, Agnatic Right, and Return)
  1. Detailed Rules of Inheritance for Fathers and Its Three Cases
  2. Practical Applications of Inheritance and Issues
  1. Review of Spousal Inheritance Rules (Husband and Wife)
  2. Review of the Inheritance of Children and Cases of the Daughter's Share and the Son's Heirship
  3. Review of the Rules of Inheritance for the Father and Its Three Cases
  1. The Rules of Maternal Inheritance and the Cases of One-Third and One-Sixth Distribution
  2. Solving and Rooting Practical Inheritance Issues of the Mother
  3. Studying the Al-Gharawain (Al-Omariyyin) Issues and the Reason for Ijtihad in Them
  4. Solving the Problems of Al-Gharawin by Assuming a Third of the Remaining and the Consensus of the Companions
  1. The Inheritance Provisions of the Grandfather and Cases of Treating It as the Father
  2. The Essential Differences Between Father and Grandfather in Inheritance and Their Related Issues
  3. Rules of Inheritance for Grandmothers (Maternal and Paternal) and Cases of Exclusion
  4. The Principle of Inheritance for Heirs and Non-Inheriting Grandmothers (Incorrect Grandfather)
  1. Inheritance Rules for Mother's Children and Cases of One-Sixth and One-Third
  2. Summary of the Inheritance of Daughters, Sisters, and Fixed Shares
  3. Practical Applications and Complex Problems from Student Questions
  4. Inheritance Issues in Iraqi Law and the Provisions for Relatives and Conclusion
  1. Course Test

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