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Critical Examination of the Right of Artificially Inseminated Child to Inherit Under Islamic Law

Critical Examination of the Right of Artificially Inseminated Child to Inherit Under Islamic Law

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DEDICATION

This research material, titled “Critical Examination of the Right of Artificially Inseminated Child to Inherit Under Islamic Law” is dedicated to God for His boundless grace and guidance. It is also a tribute to all computer enthusiasts whose contributions made my research journey smoother and enriched my documentation process, making the experience truly fulfilling.



ACKNOWLEDGEMENT

I am profoundly grateful to everyone who contributed to the successful completion of this project. I am especially grateful to my Supervisor (Name), the Head of Department (Name), and the Lecturers in the Department of Law for their invaluable guidance and support. I also acknowledge the contributions of authors and scholars whose works on Critical Examination of the Right of Artificially Inseminated Child to Inherit Under Islamic Law provided essential insights. Special thanks go to my study area (and any funding organizations, if applicable) for their financial assistance. I am equally thankful to stakeholders, including mentors, teachers, and colleagues, for their encouragement and support. Finally, I deeply appreciate my family and friends for their patience and unwavering support throughout this journey. Your contributions have been instrumental in making this research a reality.



TABLE OF CONTENTS

PRELIMINARY PAGES

CHAPTER ONE

  • General Introduction
  • 1.0.0 Introduction
  • 1.1.0 Background Of The Study
  • 1.2.0 Objective Of Study
  • 1.3.0 Focus Of The Study
  • 1.4.0 Scope Of The Study
  • 1.5.0 Methodology
  • 1.6.0 Literature Review
  • 1.7.0 Conclusion

CHAPTER TWO

  • An Overview Of The Islamic Law Of Inheritance
  • 2.0.0 Introduction
  • 2.1.0 Definition Of Inheritance
  • 2.2.0 Inheritance Before The Advent Of Islam
  • 2.3.0 Inheritance After The Advent Of Islam
  • 2.4.0 Preliminaries/Essentials Of Legacy Distribution
  • 2.5.0 Conclusion

CHAPTER THREE

  • Succint Analysis Of The Islamic Concept Of Inheritance
  • 3.0.0 Introduction
  • 3.1.0 Grounds Of Inheritance
  • 3.1.1 Blood Relationship (Nasab)
  • 3.1.2 Marriage (Nikkah)
  • 3.1.3 Emanticipation Of Slave (Wilá’U)
  • 3.1.4 Muslim Treasury
  • 3.2.0 The Stipulated Benchmarks Of Inheritance
  • 3.2.1 Death Of The Praepositus
  • 3.2.2 Survival Of The Hier
  • 3.2.3 Relationship Of The Hier To The Deceased
  • 3.3.0 Impediments To Succession
  • 3.4.0 Conclusion

CHAPTER FOUR

  • Artificial Insemination; Its Legality Under Islamic Law
  • 4.0.0 Introduction
  • 4.1.0 Definition Of Artificial Insemination
  • 4.2.0 Form/Methods Of Artificial Insemination
  • 4.2.1 Homologous Artificial Insemination
  • 4.2.2 Heterologous Artificial Insemination By Donour (Aid)
  • 4.2.3 Invitro Fertilization (Ivf)
  • 4.3.0 The Position Of Islamic Law On Artificial Insemination
  • 4.4.0 Status Of The Child And The Right Of Inheritance
  • 4.5.0 Conclusion

CHAPTER FIVE

  • General Conclusion
  • 5.0.0 Conclusion
  • 5.1.0 Recommendation
  • BIBLIOGRAPHY

ABSTRACT

The advancement in Science and Technology and the quest for children led to the development and invention of a new process of human procreation, (Artificial Insemination) other than the natural way. This process involves obtaining the semen from a man to inseminate a woman in other to induce fertilization and produce a child, if Allah so wishes. Sometimes, the semen is obtained from the woman”Ÿs husband and many a time from a donor (third party).

However, the conception of a child through the medium of artificial insemination involving married couples may not generate any issue or problem with regards to paternity and right of inheritance under Islamic Law if such semen is that of the legal husband of a valid Muslim marriage. On the other hand, conception of a child through the donor”Ÿs (third party) semen is definitely accomplished with the problems of paternity, the right of the child so conceived to inherit under the Law; and even raises doubts on the legality of the processes of artificial insemination.

I cannot be able to provide in this project, adequate knowledge of the whole segments of the subject-matter as perfection belongs to Him alone (Allah), the knower of all things, but it is equally hoped that this project will go a very long way to sensitize the vast majority of our people on the issue of artificial insemination. Hence, this research among other things discussed therein, critically examines the legality of Artificial Insemination in line with the provisions of Islamic Law and also the implications of such insemination on the status of the child conceived there from as well as his right of inheritance under Islamic Law.


Critical Examination of the Right of Artificially Inseminated Child to Inherit Under Islamic Law

CHAPTER ONE

1.1 Introduction

… As a prelude to other parts of this study, this chapter will discuss the background upon which this study was initiated, the statement of problems that led to this study, the Aim and Objectives of the study. Others are Significance of the study, Scope of work, Research hypothesis and questions, Limitation of the study and Definition of technical terms.…

CHAPTER TWO

2.0 Literature Review

2.1 Introduction

This chapter focuses on the review of related literature. A literature review includes the current knowledge as well as theoretical and methodological contributions to a particular topic. It documents the state of the art with respect to the topic you are writing. It surveys the literature in the topic selected. In this research work the literature review includes the conceputal review, theoretical framework, the review of related literature …

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