The Impact of Implicit Coercion on Inheritance: A Descriptive Study

Abstract

This study aims to demonstrate the impact of coercion on Islamic inheritances from a jurisprudential perspective, addressing its ruling, evidence and hypothetical application issues. Adopting the descriptive and inductive approach, the study consists of an introduction, two sections and a conclusion. The introduction defines coercion and the concept of inheritances. Section one discussed the ruling on coercion, its types, and conditions. Section two explored the inheritance of those coerced into killing their heir, mothers coerced into abortion, individuals coerced into waiving their share through sale or gift, and people coerced into changing their gender. The study derives its importance from the dire need to understand coercion impact on inheritance, its consequences and Islam role in its preservation. The study results showed that coercion is permissible when justified and prohibited when unwarranted. Contrary to coercion in action, verbal coercion does not render the person sinful. It was revealed that coercion occurs only after fulfilling the necessary conditions, and that the coerced individual and the one coercing them do not inherit according to scholarly Fiqh majority opinion. The study concluded that coerced individuals of age do not inherit whereas they do if below responsible age.