Islamic Law of Inheritance Al Hajb
Al Hajb
The al hajb doctrine plays a crucial role in the Islamic inheritance law as it will determine the status of the beneficiaries whether they are antitled to the inheritance or otherwise.
A beneficiary is not entitled to the inheritance on the basis that there are other beneficiaries who have closer relationship with the deceased, thus the beneficiaries are removed in absolution (hajb hirman).
At times there also beneficiaries who will receive slightly less portion of the inheritance because of the existence of other beneficiaries who are capable of reducing their portion by means of non-absolution (hajb nuqsan).
From the perspective of terminology, the al-hajb doctrine means any restriction or prohibition on the beneficiaries from receiving the inheritance in whole or in part because there are other beneficiaries who have more rights on the inheritance.
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For example, a grandfather is prevented or shielded by a father for getting the inheritance, and a husband is prevented or shielded from getting ½ portion to ¼ portion and so on by a son or daughter of deceased.
Al-hajb is divided into parts namely hajb hirman and hajb nuqsan. Hajb nuqsan is a shield that could reduce beneficiaries’ portions from getting larger share to getting lower or smaller share because there are other beneficiaries.
This is an example. A husband may be shielded by means of
hajb nuqsan from getting the ½ portion to ¼ portion because the deceased has a
child whether a son or a daughter and whether the child is from the deceased’s
husband or a different husband.
Hajb hirman is a prohibition to deterrence to a beneficiary from getting the inheritance in absolution. This is an example. A grandfather may be shielded by means hajb hirman by father.