CONCEPT AND MODES OF ACQUISITION OF NON-VALUABLE PROPERTY IN ISLAMIC LAW OF INHERITANCE

Abstract

The discussion of non-valuable property in Islamic law cannot be over-emphasised since acquisition of property must be based on lawfulness and unlawfulness of such property. It is on the basis of this, that this paper aimed at assessing the concept and modes of acquisition of non- valuable property in Islamic law with the objectives of identifying the non-valuable property, examining the concept of non-valuable property in Islamic law and appraised the legality of acquisition of non-valuable property by Muslims. The paper adopts the doctrinal method of legal research. The doctrinal method comprises in-depth content analysis of primary and secondary sources of legal information. The primary sources include the Qur’an and Hadith while the secondary sources include textbooks, journals, newspaper reports and internet materials. The paper traces the background implementation of Islamic law principles on the modes of acquisition of non-valuable property and its consequences on the person who acquired it and the society in general. It discloses that non-valuable property is not property in Islamic Law. It concludes that only lawful and valuable property is suitable to be acquired by Muslims in all circumstances. The paper recommends that Muslims should be steadfast in distinguishing between valuable and non- valuable property in Islamic Law as only valuable property in their estate can be inherited by their heirs.