Showing posts with label unjust enrichment. Show all posts
Showing posts with label unjust enrichment. Show all posts

Wednesday, August 15, 2018

The Laws of Inheritance in Islam-II


In his Friday Sermon of 10 August 2018 (27 Dhul-Qaddah 1439 AH), Hadhrat Muhyi-ud-Din Al Khalifatullah Munir Ahmad Azim Saheb (atba) of Mauritius provides a magisterial survey of Islamic inheritance law. In this significant discourse, Hadhrat Khalifatullah (atba) elaborates on the the most important features of the normative framework of Islam on matters of inheritance succession and comprehensively explains the profound obligations on devout Muslims in this regard- of making clear distributive arrangements for smooth transitions in matters of succession. Acknowledging that the subject is vast, complex and delicate, Hadhrat Saheb (atba) underscores the need for careful handling of the question at the various levels "with honesty and Taqwah": individual believers need to draw up clear testamentary declaration (Will); influential/powerful legal heirs need to respect the rights of the vulnerable ones and also serve the pecuniary interests of other non-heir, but close persons of the deceased through gifts; the State/Jamaat officials need to ensure that justice is done to all parties involved. 

The Sahih Al Islam Blog has published the First-part of this vital sermon on August 14, 2018. Reproduced below are the second and final installment of the Two-part series:


THE WIFE’S CHILDREN FROM A PREVIOUS MARRIAGE

If a woman had children with another husband, and after divorce, Talaq, she contracts Nikah with another man, then the children of this woman from her previous marriage are not eligible to receive anything from the inheritance of their mother’s new husband.

INHERITANCE OF A LEGITIMATE CHILD

According to Shariah, a child born in the Nikah of his parents is a legitimate child and thus he shall inherit from his mother and father. Shariah acknowledges the legitimate pregnancy of a woman whose biological child is born between 6 months and two years.

Explanation : If a child is born five months after the date of the Nikah or more than two years after the death of the father (its mother’s husband), then the child shall not be legitimate for the father and thus shall not inherit from him. [But Allah knows best. It may be that Allah manifests exceptions and extraordinary miracles.

Saturday, November 19, 2016

'Riba': Unjust Enrichment is Illegal

“O you who believe! 
Do not consume usury, 
doubled and multiplied, 
but fear Allah 
that you may be successful.” 
 --(Al-Imran, 3: 131).

“Those who consume interest 
cannot stand (on the Day of Resurrection)
except as one stands 
who is being beaten by Satan
into insanity.” 
  --(Al-Baqara 2: 276).

Interest or more precisely, interest rate is defined as the price of money, the price at which money can be borrowed and determined like other prices by the collusion of the forces of supply and demand. Originally usury was any premium we had to pay against the use of currency. Nowadays, usury also means the practice of asking for a very high interest premium through borrowing as well.

The verses which I recited consist of an injunction for mankind – especially Muslims – that represents and severely condemns the practice of usury or interest. Thus any transaction relating to usury (i.e. Riba) is illegal, as well as all transactions acquired by illegal means; Transactions such as: bribes, fraudulent transactions, gambling, bank interest, etc.