An Appraisal of Justice Approach to Islamic Property Inheritance: The Right of The Deceased and the Heirs

Abstract

The concept of justice is sacrosanct in Islamic Law. This is why Muslims are enjoined to be just and fair in all areas of their lives. The fact that Islam is an all-encompassing religion makes it leave no matter unaddressed, whether on marriage, divorce, custody of children, inheritance, finance, or source of livelihood, amongst others. Property inheritance is an aspect that requires special attention and expertise due to the complexities involved. This paper aims to unravel the concept of property inheritance in line with 
the stipulations of Islamic Law and how strict adherence to these stipulations will help attain justice for both the heirs and the deceased. This paper finds that balancing the rights of the deceased and heirs in 
property inheritance is vital. Hence, attention must be paid to details in property sharing. To appropriately address the topic of discourse, this study utilises a doctrinal approach to explore the primary sources of 
Islamic Law, that is, relevant verses of the Qur'an on the subject and Hadith and opinions of respectable scholars and journal articles. This paper further submits that both the heirs and the deceased deserve justice 
regarding property inheritance, leaving no one to be left uncatered for. As a matter of importance, practical recommendations that can be implemented to balance the rights of the deceased and heirs in Islamic 
property inheritances are meticulously highlighted