Friday, August 11, 2017
Article on Salient Effect of Maliki's Solution to the Problem of 'Grandfather and Collaterals in Competition'
Ismael Saka Ismael recently published an Article entitled, Salient Effect of Maliki's Solution to the Problem of 'Grandfather and Collaterals in Competition', Wills, Trusts, & Estate Law eJournal (2017). Provided below is an abstract of the Article:
This paper is a critical analysis of the solution adopted by the Maliki School of Law to solve the knotty problem of 'grandfather and collaterals in competition' in Islamic Law of Intestate Succession. It examines the various doctrines: Al-Malikiyya, Al-Shibh Al-Malikiyya, Al-Akdariyya as propounded by the school to boost the share of the grandfather as a result of the adverse effect of the solution adopted by the school has on the grandfather in resolving the problem of superiority of claim between the grandfather and the collaterals. Upon the analysis, it is discovered that the purpose of the propounded doctrines is to give the grandfather a kind of leverage over the 'claim' of the collaterals as upheld by the Hanafi School of Law in resolving the problem of Grandfather and Collaterals in Competition in Islamic Law of Intestate Succession.
Special thanks to Robert H. Sitkoff (John L. Gray Professor of Law, Harvard Law School) for bringing this article to my attention.