Analysis of Special Cases of Inheritance According to Maliki Jurisprudence

Abstract

Inheritance is one of the technical sciences of Islamic Studies. The laws regulating it as estate distribution to surviving heirs of the deceased have been decreed by Allah (S.W.T) in the Glorious Qur’an and expatiated upon by the noble Prophet Muhammad (S.A W) quite a number of the cases concerning law of succession in Islam have no difference of opinion among Muslims Luminaries. However, there are special cases upon which scholars differ. This paper therefore, examines such special cases as Al–Himariyyah (donkey case) over which scholars share divergent views as specifically it relates to Maliki Jurisprudence, among scholars within the Maliki School of law. There are those who held similar views and align to Imam Maliki’s positions on those special cases and as they are operational in Nigeria Shari’ah courts since the entire Nigerian state follow Maliki jurisprudence. Exploratory method is used to access data and from the experiences of experts in the fields of Islamic law of succession. The research discovered that several views are scattered in various books and this research attempts to condense verdicts with regard to those special cases for easy access to the teaming Muslim population at least in Nigeria. The research recommends that following the Imam Maliki’s views and other scholars within the school in the administration of deceased estate will guarantee peaceful co-existence among heirs of the deceased person and the country at large.