Section 4 of Mflo

In: Religion Topics

Submitted By adhora6464
Words 739
Pages 3
Law, whether divine or manmade, is always for the well-being of the human beings. In other words, laws are ultimately related to life experiences which are not a monopoly of the theologians only.1 As the society is not any constant phenomenon, it inevitably changes every moment. As a result laws are needed to be changed in compliance with the changing demands of the society. In
Islamic Legal System as well the iron fist of taqlid (the doctrine of imitation) had to give way to ijtihad (meaning independent and free exercise of intellect to interpret interpretation of Islamic laws). It is always open for and permitted to, the thinkers, lawmakers and the rulers who are entrusted to apply shariah in society. In this short commentary I intend to address a particular issue relating to the orphaned children’s inheritance right. This is an extremely practical anomaly of the Doctrine of Representation usually escaping our notice/ Grandchild’s inheritance right: the Islamic Law
The Islamic law of inheritance does not all together deny the grandchild of the propositus their right to inheritance. Sunni Law places them in the list of quranic sharers. Unless excluded otherwise, they inherit from their grandparent. The doctrine of representation comes into question in case of allotment of their shares. The doctrine is accepted at least for two purposes:2

A) For the purpose of determining who are entitled to inherit
However while using the doctrine of representation for the purpose of determining who are entitled to inherit, the principle of exclusion (nearer in degree excluding the remote) is not curtailed or suspended. Thus if A dies leaving him surviving a son and grandsons by a predeceased son, the grandsons are excluded from inheritance by their uncle. They do not take in their father’s stead though he would have been an…...

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