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Texas Tech Univ. School of Law

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Friday, May 16, 2014

Article on Inheritance

Asma Mushtaq (Independent), Akseer Ahmad Abbasi (Advocate High Court), Maroona Nazir (Advocate High Court), and Shagufta Omar (Islamabad School of Law - International Islamic University, Islamabad) recently published an article entitled, Inheritance (January 2014). Provided below is the abstract from SSRN:

The laws of inheritance hold a very special position in the injunctions of Shariah and are in fact a part of the very exalted "HudoodUllah" and not only is it commanded to safeguard His Hudood rather it is said that disobedience of these rules will destroy all good and pious deeds. Unfortunately, the society that we are a part of today is steeped in customs and traditions from days long gone by and the common man is by and large unaware of what are some basic teachings regarding inheritance in Islam. Indeed, people who are fully aware of Prayer, Fasting and Zakat are completely ignorant when it comes to these very important matters and are busily involved in depriving women, orphans and other vulnerable sects of the society from their right to inherit. Another reason for this unawareness also stems from the fact that the Islamic laws of inheritance were not forced in sub continent hence if any infringement was caused the same could not be redressed. Today, the Islamic Law of Inheritance has been enforced in the Islamic Republic of Pakistan and it is the need of the day that people have complete knowledge of their basic right in conjunction with the rules of Islam.

Although, large volumes of literature are available on this topic, it has been felt for some time that a simpler, shorter book in plain concise language be available which would reach out to the common man. Keeping these issues in mind the research team at Women Aid Trust has published the book in hand and for the facilitation of readers the form of questions-answers has been adopted. Basic questions regarding inheritance and estate have been answered in the start. Then details about the use of the estate for burial charges, payment of debts and execution of will, before distribution of inheritance, has been provided. Women’s rights to inherit have been made a special part of the debate and an attempt has been made to satisfactorily answer the questions. Some problems and objections regarding distribution of inheritance in the present age, have been answered at the end of this book. The first edition of the book was published in 2005 in Urdu and the second in 2011 with some additions and details of references. This edition in English is hoped will reach out to a larger audience and help people in not only understanding but better fulfilling basic teachings of Islam.

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