Salient effect of Maliki's solution to the problem of 'Grandfather and collaterals in competition'

Abstract

This paper is a critical analysis of the solution adopted by the Maliki school of Law to solve the knotty problem of “grandfather and collaterals in competition” in Islamic Law of Intestate Succession. It examines the various doctrines: Al-Malikiyya, Al-Shibh Al-Malikiyya, Al-Akdariyya as propounded by the school to boost the share of the grandfather as a result of the adverse affect of the solution adopted by the school has on the grandfather in resolving the problem of superiority of claim between the grandfather and the collaterals. Upon the analysis it is discovered that the purpose of the propounded doctrines is to give the grandfather a kind of leverage over the “claim” of the collaterals as upheld by the Hanafi School of Law in resolving the problem of Grandfather and Collaterals in Competition in Islamic Law of Intestate Succession.