International Journal of Research and Innovation in Social Science (IJRISS) | Volume II, Issue XI, November 2018 | ISSN 2454–6186

Divorce and Islamic Law of Inheritance: A Comparative Analysis of the Position of Divorcee

Dr. Muntaka Yahaya Aminu

Department of Islamic Studies, Faculty of Arts and Islamic Studies, Usmanu Danfodiyo University, Sokoto, Nigeria

Abstract: – Islam emphasizes on family maintenance. Divorce is the worst profitable in Islam but it is allowed if life is hard for couples because of their conflicts. Islam advices divorce and sometimes it is obligatory for a family is codified and detailed rules. Islam considered the rights and position of divorcee to inheritance and provides some conditions and rules concerning it. This paper deals with three sections; first section, discusses issues such as meaning of marriage, divorce, its types, conditions and others. Second section deals with inheritance such as pillars of inheritance, conditions, sources among others. In the third section of the paper it highlights and analyses the position of divorcee in Islamic law of inheritance with emphasis to the views of some scholars. The method used in the paper in data collection is analytical.

Keywords: Divorce, Islamic Law and Inheritance.

INTRODUCTION

In the name of Allah, most Gracious, Most Merciful.

Islamic law, the Shari’ah, is a way of life which the law-giver enjoins to all those who accept Islam to follow. The word Islam itself means a complete submission to the way of Allah in all matters of life both in this world and the hereafter. Also Islam is a universal religion. It transcends all limits of colour, creed and culture. It knows no geographical boundaries. As it is a complete code of life. A perfect code adaptable to mankind of all ages and situations.
Islam has done justice to all kinds of human being where justice is necessary and applicable especially in the area of inheritance. Islam did justice to all; male, female weaker sexes and infants where all were allowed to inherit.

Islamic Law is an all-embracing legal system that regulates and guides the life and conduct of Muslims concerning their rights and duties. The purpose of the law is to promote the welfare of the people individually and collectively. Its basic principles are justice, equality, liberty, and fraternity. From this background this paper attempts to explain the justice of Islam on the position of divorce in the field of Islamic law of inheritance. However a brief of explanation on marriage, divorce, its types, conditions among others were provided in the paper.