The Mālikī Family Waqf According to Wills and Waqfiyyāt

Abstract

The Islamic system of succession is destructive of family property in that it causes its division among a great number of heirs and into uneconomic units. Succession involves a great number of participants; qur'ānic and agnatic heirs participate simultaneously (not successively)—subject, of course, to the rules of priorities and exclusions—and this increases the fragmentation of the property and the shrinking of the shares of the participants ad infinitum. Islamic law does not know the principle of primogeniture. Succession is not limited to direct descendants but includes relatives of different parentelas and different degrees of kinship to the deceased.

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