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Expectations (2)

Course Description: - Meaning and rulings of Khunthas (individuals with ambiguous sex). - Division of estates and their rulings. - The reality of intersex individuals, fetuses, missing persons, those lost at sea or in landslides, and the rulings related to their inheritance. - Meaning and rulings of Radd (return of surplus inheritance). - The meaning of Dhawi al-Arham (agnatic relatives or uterine kin) and their related rulings.

Credits: 2

Prerequisites: FAGH337

Objectives of the course :

• Clarification of concepts and terms in inheritance calculations; such as: nested inheritances, return of surplus, drowning cases, missing persons, hermaphrodites, relatives of the blood, and division.
- Mentioning the conditions of successive deaths, the rulings on returns, inheritance by estimation, inheritance of distant kindred, and detailed methods of dividing estates.
• Developing a jurisprudential understanding in the student that enables them to grasp how to calculate and divide inheritances, and apply them to real-life cases.
• Adhering to etiquette and skills in dealing with those who disagree on controversial issues.
• Utilize modern technology to access information regarding course matters.

Course outputs :

Knowledge and understanding:
The student will be able to comprehend the concepts and terminology of inheritance calculation, such as *munasakha* (recalculation of shares upon death of an heir), *radd* (return of surplus shares to certain heirs), and *dhawu al-arham* (cognatic relatives).
To mention the rulings, general evidence, methods of reasoning for them, jurisprudential principles, and jurisprudential objectives in matters of inheritance.
3. To describe the scientific research methodology for studying jurisprudential issues in inheritance matters.
4. To explain the evidence for rulings from the Quran and Sunnah according to the scientific methodology of the exegetes and hadith scholars.
Skills:
To apply skills of exegesis and interpretation of texts in establishing and understanding evidence, and in matters of inheritance, using modern technical applications.
2. Use mathematical and numerical skills to solve hypothetical problems.
The student should apply the rulings on dividing estates to the facts.
Values, autonomy and responsibility:
1- Demonstrate Islamic ethics, social, professional and academic values, and disagreement etiquette.
2 - Bear the assigned responsibility professionally and independently.
3- Work collaboratively and effectively as a team.

Additional information:

Course Topics:
The meaning of "manasikhat" (sequenced inheritance), its causes, and its cases. The conditions of the heirs in the first case, the method of work in it, and its applications. The conditions of the heirs in the second case, the method of work in it, and its applications. The conditions of the heirs in the third case, the method of work in it, and its applications. The general method of work for the three cases. Abbreviating "manasikhat" and its applications.
Inheritance division, its importance, types, and when it occurs. Methods of dividing each type and applications of inheritance division. Inheritance division by electronic methods.
The meaning of hermaphrodite according to jurists and contemporary physicians, the categories of heirs where a hermaphrodite exists, and the types of hermaphrodites. How to inherit from a problematic hermaphrodite? The procedure when the condition of a hermaphrodite is hoped to be clarified, and the procedure if their condition is not hoped to be clarified. Applications to cases of problematic hermaphrodites. The meaning of a fetus, the conditions for its inheritance, and what fulfills each condition. The maximum duration of pregnancy, and linking the knowledge of this to the opinion of physicians on this matter. Distribution of the estate before the fetus is born. Estimations of the fetus and the circumstances of the heir with the fetus. What necessitates halting the estate until the fetus is born. The procedure in cases of fetus and their applications. The meaning of a missing person, their cases, and the waiting period for a missing person, and the impact of progress in communication and media on determining the waiting period for a missing person. The circumstances of the heir with a missing person. The ruling if a missing person is found to be alive after being judged dead. The procedure in cases of missing persons and their applications. The meaning of those who drown and those who perish in collapses, their general circumstances, and who is considered akin to them in modern times. Inheritance of those who drown and those who perish in collapses. The extent to which medical reports are utilized in determining who died first or second. The procedure in cases of those who drown, those who perish in collapses, and similar individuals, and their applications.
The meaning of *radd* (return), the scholars' view on it, and its conditions. Who is it applied to, and the categories of people eligible for *radd*, and the number of people that constitute them. The principles of *radd* issues and the origin from which the principles of *radd* issues are derived. The method of dealing with *radd* issues when neither spouse is present, and the method of dealing with it when one of the spouses is present. Applications of *radd* issues.
Relatives by consanguinity, their meaning and scholarly opinions on their inheritance. Categories of relatives by consanguinity and their inheritance rules. Degrees of relatives by consanguinity and their rulings regarding exclusion from inheritance. The ruling on preferring males over females among relatives by consanguinity. How to handle cases involving relatives by consanguinity, and their applications.

Last updated: 2026-05-04