Distant Kindred THE BASIC PRINCIPLES OF THE DISTANT KINDRED UNDER ISLAMIC LAW OF INHERITANCE AND PAKISTANI JURISPRUDENCE: AN INTRODUCTION

Abstract

This paper discusses how the entire framework of the Islamic law of inheritance is directly available in the Holy Qur’an. What are the categories of inheritors/legal heirs? Who are sharers, residuaries and distant kindred? How is the inheritance distributed to the legal heirs especially the distant kindred? What is the jurisprudence regarding the law of distant kindred as set by the Pakistani Superior Courts? The main findings of this paper are that the Islamic law of inheritance is a mandatory law that is to be followed. There are three categories of sharers under the law of inheritance: the sharers, the residuaries, the distant kindred. The distant kindred are those who are related to the deceased through a female blood relation and are neither a residuary or a sharer. The distant kindred are only entitled to the inheritance should there be no sharer or residuary, otherwise, they are deprived or excluded from the inheritance due to the presence of the sharers or residuaries. Thus, the first two take higher priority than the distant kindred. There are two conflicting schools of thought in regards to the distant kindred. There are three methods of distribution for the distant kindred, namely: Ahl-al-Rahm, Ahl-al-Tanzil, Ahl-al-Qarabah. The Pakistani superior courts give somewhat accurate observations on the Islamic law of inheritance regarding the distant kindred, but it is often not detailed and is only a brief explanation based on secondary treatises rather than the primary sources of Islamic Law. The methodology used in this paper is doctrinal