Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Favoritism between Children in Apportioning 'Al-Attiyah': Its Cases and Jurisprudential Provisions

Author(s): Ahmed Bin Abdulaziz Al-Shatri

This study attempts to describe conditions and jurisprudential provisions to illustrate if there is any provision in certain circumstances to discriminate while apportioning (Al-Attiyah) between children. Islamic law prohibits any kind of discrimination and emphasizes fairness and equality particularly while apportioning (Al-Attiyah) between children. However, in certain circumstances, some disadvantaged children need to be favoured over others depending on their health and other exceptional situation. This study provides a descriptive analysis of the cases pleaded in Sharia courts either demanding favoritism between some children with exceptional circumstances or seeking equality and fairness in apportioning (Al-Attiyah). It discusses the judicial applications and the real-life incidents regarding favoritism in apportioning between children in the light of jurists' and scholars’ statements about such cases.

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