University of Asia Pacific
Department of Law and Human Rights
Lesson Plan
Course Code & Title:
Semester:
Teacher:
Office/Room:
Law 461 : Law Of Succession
4th Year 2nd Semester
Mansura Khanam
Bikolpo Tower (5th floor), House No. , Road no 5/A, Dhanmondi, Dhaka.
Consultation/Contact Time:
Day 1(Monday) 12.00 A. M to 1.00 P.M.
Day 2( Tuesday) 11.A.M. to 1.55 P.M.
Day 3( Wednesday) 3.00P.M to 4.55 P.M.
Day 4( Thursday) 10.00 A.M. to 3.00 P.M.
Day 5(Friday) 11.00 A.M. to 1.55 P.M.
mansura@uap-bd.edu
01718919698
Law of inheritance in Islam bears great significance as it deals with
distribution of property after one’s death. It has been streamlined by the
Almighty Allah in his Holy Book ‘Al-qur’an’ and has been supplemented by
the Sunnah of the prophet Muhammad (PBUH). After finishing this course
the students will be able to distribute the property among the heirs after
one’s death.
Email:
Mobile:
Course Overview:
Course Outline:
Course objectives:
Teaching Method:
Prerequisites:
Week
1
Class Date
04-11-13
Origin-Grounds of and obstacles to inheritance. Classes of heirs and their
distinctive features as applied in Sunni and Shia Schools. Principle of Tasib, Legal
approaches to Umariyyatan and Himariyyatan. The doctrines of 'Awl' and 'Radd'
and their jurisprudential aspects. Grandfather and collaterals in competition:
Doctrines 01 Abu Baker, Ali and Zaid , Thabit Muadda rule, Al Malikiyya, Shib alMalikiyya, Al Musktasara, Al Akhdariyya. Reforms on the law of intestate
succession relating to orphan grand children- Obligatory. Bequest-Its impact,
Mufti system, Abu Zahara system. Accompanying residuaries. Distant Kindred.
Dual relationship. Statutory reforms on the law of succession in Bangladesh,
Pakistan, African countries and the Middle East. Law of marriage, divorce,
legitimacy, bequest and gift so far as they are relevant to succession & death
sickness according to different Schools and Sects. Testamentary disposition and
the Muslim law of succession. Relevancy of the Succession Act, 1925 with regard
to Muslim Succession.
Upon Completion of the course the student should be able to know laws Islamic
Law-its Nature and Sources, Pre-Islamic Customs; Schools of Islamic
Jurisprudence-Application of Muslim Law in the Sub-Continent; Marriage-DowerDivorce; Legitimacy-Guardianship-Maintenance; Statutory Laws-Dissolution of
Muslim Marriage Act, 1939-The Muslim Family Laws Ordinance, 1961; The Child
Marriage Restraint Act, 1929-The Muslim Marriage and Divorce (Registration)
Act, 1974-The Dowry Prohibition Act, 1980-The Family Courts Ordinance, 1985The Guardians and Wards Act, 1890; Wills, Gifts and Wills during death-illness;
Wakf: The Mussalman Wakf Validating Act, 1931; Pre-emption; Administration of
Estate.
Lectures, Court visit, assignments, interactive sessions, group discussion,
Class presentation, etc.
N/A
Course schedule/ Class schedule
Topic
Reading assignment
Introduction to Law of Succession
Definition of Muslim
Work
assignment
N/A
04-11-13
08-11-13
08-11-13
2
11-11-13
11-11-13
15-11-13
15-11-13
3
18-11-13
4
18-11-13
22-11-13
22-11-13
25-11-13
25-11-13
29-11-13
29-11-13
5
2-12-13
2-12-13
6-12-13
6-12-13
6
7
9-12-13
9-12-13
13-12-13
13-12-13
Definition and classification of
Asaba
Definition and classification of
Asaba(cont.)
Rules of priority and Doctrine of
Tasib
Doctrine of Awl or Increase
Doctrine of Awl or Increase (Cont.)
Doctrine of Radd or Return Back
Doctrine of Radd or Return
Back(cont.)
Holiday( Victory Day)
16-12-13
20-12-13
Holiday ( Victory Day)
Doctrine of Umriyatin
30-12-13
30-12-13
03-01-14
03-01-14
Law Of Succession,
and its essentials,
some definitions
regarding succession.
Pre-Islamic Customs&
Schools of Islamic
Jurisprudence.
N/A
Administration of
estate.
N/A
Sharers definition
and classification
Asaba or
Agnatic
Heirs.
To prepare
assignment
titled “ Shares
allotted to the
Qur’anic
sharers”
To prepare
assignment titled “
List of
Asaba/Residuary”
Tutorial No. 1
16-12-13
20-12-13
8
Sources of Muslim Law
Sources of Muslim Law(cont.)
Meaning & Importance of the Law
of inheritance
Inheritance in pre-Islamic Arab and
Islam& Improvements made by
Islam.
Features of Islamic Law of
Inheritance.
Applicability of succession in
Bangladesh.
Applicability of succession in
Bangladesh(cont)..
Qur’anic injunction and order of
distribution.
Essentials of succession.
Impediments to succession.
Classes of heirs.
Sharers definition and
classification.
Shares allotted to qur’anic sharers.
Shares allotted to qur’anic sharers.
Shares allotted to qur’anic sharers.
Doctrine of
Awl &
Doctrine of
Radd
N/A
Special cases
with special
names
Doctrine of Umriyatin(Cont.)
MID TERM EXAM
Doctrine of AlSpecial cases with
Mimbariyya or pulpit
special names
case
Doctrine of AlMimbariyya or pulpit
case(cont).
Doctrine of Donkey
case or Mushtaraka
Rule.
Doctrine of Donkey
N/A
N/A
9
06-01-14
06-01-14
10-01-14
10-01-14
10
13-01-14
13-01-14
17-01-14
17-01-14
11
20-01-14
20-01-14
24-01-14
12
24-01-14
27-01-14
27-01-14
31-01-14
31-01-14
13
03-02-14
03-02-14
07-02-14
07-02-14
case or Mushtaraka
Rule(cont).
Definition and
Distant Kindred or
classification of Distant
Zavil Arham
Kindred.
Rules of distribution.
Rules for class 1 distant
kindred
Rules for class 2&3
distant kindred
Doctrine of
Doctrine Of
Representation& its
Representation
criticism
Doctrine of
Representation& its
criticism(Cont).
The concept of
obligatory bequeath.
Inheritance of child in
womb, missing person.
Inheritance in Shia Law Inheritance in Shia
Law
Inheritance in Shia
Law(cont).
Inheritance in Shia
Law(cont).
Tutorial No. 2
Basic difference
Basic difference
between Sunni Law of
between Sunni
inheritance & Shia Law Law of inheritance
of inheritance.
& Shia Law of
inheritance.
Basic difference
between Sunni Law of
inheritance & Shia Law
of inheritance(cont).
Comparison between
the inheritance of
Muslim male & female
Comparison between
the inheritance of
Muslim male &
female(cont).
Comparison between
Comparison
the inheritance of
between male &
Muslim male &
female
female(cont).
Comparison between
the inheritance of
Muslim male &
female(cont).
Succession in dual
capacities.
Succession in dual
capacities.
To prepare assignment titled “
List of Zavil Arham/Distant
Kindred”
To prepare assignment titled “
The problem of the orphaned
grandchildren under Sharia and
section 4 of the MFLO 1961”
N/A
N/A
N/A
14
10-02-14
10-02-14
14-02-14
14-02-14
Tutorial No. 3
Tutorial No. 3
Miscellaneous
Miscellaneous
Miscellaneous
N/A
FINAL EXAM
Basic text(s):
Reference text(s):
Additional reading
material:
Muhammad Ekramul Haque, Islamic Law Of Inheritance Rules and
Calculations, 1st ed. 2009, London College Of Legal Studies(South) Dhaka.
Bangladesh.
N.J.Coulson, Succession in the Muslim Family, 5th ed. 2009, Published by the
Syndics of the Cambridge University Press. London.
D.L.R; A.I.R; B.L.D; Cr.Lj, B.L.T; M.L.R.
Assessment / Assignment Methods:
Marks for assessment will be given by the course teacher
through class tests, quizzes, assignments, presentation, class
performance, class attendance etc. There should be at least
(n+1) where ‘n’ is the number of class tests for a course. The
course teacher must submit a copy of marks of Assessment
(mentioning the fractions in class tests, quizzes etc.) of his
course to the Head of the respective departments.
Assessment Marks 30 includes: Class test/
Assignment 10+ Class attendance 10 + Class
performance & Viva voce 10.
Total Marks 100 includes : Assessment 30 + Midterm
examination 20+ Final Examination
Grading systems to be followed for the course
Grading Systems:
Each course has a letter grade equivalent to a certain number of
grade points. Letter grades and their corresponding grade points
are as follows:
Letter
Grade
Grade
Point
80% and above
A+
4.00
75% to less than 80%
A
3.75
70% to less than 75%
A+
3.50
65% to less than 70%
B+
3.25
60% to less than 65%
B
3.00
55% to less than 60%
B-
2.75
50% to less than 55%
C+
2.50
45% to less than 50%
C
2.25
40% to less than 45%
D
2.00
Less than 40%
F
0.00
Exemption
E
--
Incomplete
I
--
Satisfactory
S
--
Numerical Grade
Quiz Test: Description of components of assessment
(Class test, class participation, midterm, final exams
etc) 100%
Students’ responsibilities:
What students should do to extract the most out of
the course?
All students are instructed to attain at least 70%
of the total classes.
The students should attain the classes regularly and
fulfill their work and reading assignments according
to the instructions to extract the most out of the
course.
Mansura Khanam
Lecturer
Department of Law & Human Rights, UAP.