ORPHANED GRANDCHILDREN IN ISLAMIC SUCCESSION LAW

274 KEMAL FARUKI
at p. 9. Mufti Wali Hasan Tonki, in a reply thereto which was published as a
supplement to the Karachi Urdu monthly BayyinZt (Rabi al-Bani. 13851
August, 1965 issue) entitled "Height of Ignorance of the Present Generation"
explained, at pp. 11-12, these classical divergences from the exclusion rule
by the fact that the Qur'en itself gave these reIatives fixed shares aIthough
they were remoter in degree, in all three cases. This explanation. of course.
only confirms the impermissibility of a total commitment to the exclusion
rule.
8. J. N. D. Anderson in his article "Recent Reforms in the Islamic Law of
Inheritance" which appeared in The International and Comparative Law
Quarterly, (London. April 1965). Vol. 14. Pt. 2, p. 357.
9. See, for example. D. F. Mulla's Principles of Mahomedan Law (Calcutta. 1961)
pp. 74 and 96-97 of 15th edition.
10. See Anderson, op. cit., p. 361.
11. Anderson, op. cit.. p. 360. This method also violates the 1946 Law as
evidenced in case 6. below.
12. op. cit.. p. 361.
13. Professor of Islamic Law at the University of Cairo,
14. op. cit., pp. 356-357.
15. op. cit., p. 357.
16. ibid.
17. ibid.