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+# Nur Falah — Scholarly Review Log
+
+Tracks product/content claims requiring sign-off from a named qualified Shariah advisor, per Horizon 1 PRD §9. An item stays OPEN until a named advisor's determination is recorded here. This log gates the Family Waqf Designator (Horizon 1 PRD §8.5) and must be checked before any copy change to disclaimers or default logic in any module.
+
+---
+
+## OPEN-01: Is a healthy-state (non–marad al-mawt) waqf subject to the one-third cap?
+
+**Status:** OPEN — blocks Family Waqf Designator (Horizon 1 PRD §8.5)
+
+**Severity:** High — this is a load-bearing fiqh default, not a UI detail; it directly determines how much of a user's estate the Family Waqf Designator will let them lock into waqf while healthy.
+
+**The conflict:**
+
+- **`chapters/Clause_10.md`** ("The Perpetuity"): *"You may not assign more than one-third of your net estate to Waqf or Sadaqah Jariyah unless all adult heirs consent after your death."* — states a blanket 1/3 cap applying to **all** waqf, regardless of the endower's health state.
+- **`chapters/Clause_03.md`** ("The Three Exits of Wealth"): frames only *Wasiyyah* as capped at one-third; Waqf and Hibah are listed as separate, structurally uncapped exits (inter vivos transfers of ownership) — implicitly disagreeing with Clause 10.
+- **Horizon 1 PRD §8.5** (Family Waqf Designator, functional requirements): the 1/3 cap and heir-exclusion rule are applied **only** when the marad al-mawt (terminal-illness) flag is triggered, identical to the Hibah Tracker's guardrail (PRD §9, "Marad al-mawt detection logic"). A healthy user's family waqf designation is currently specified as uncapped in the product.
+
+So there are three positions in the existing material, not two: Clause 10 (always capped), Clause 3 (never capped, only wasiyyah is), and the PRD (capped only under marad al-mawt). These cannot all ship as-is.
+
+**What needs a scholar's determination:**
+1. Under the madhhab(s) this product intends to support (see PRD1 §9, "Mixed-madhhab handling"), is an inter-vivos waqf made in health treated like hibah (uncapped, full ownership transfer) or like wasiyyah (capped at 1/3 absent heir consent)?
+2. If capped, does the cap apply to the waqf corpus value alone, or against total net estate the same way the wasiyyah meter is calculated (Asset Registry total, PRD §8.3)?
+3. Does the answer change based on whether the waqf beneficiaries include the endower's own heirs (waqf ahli/zurri) versus non-heir causes — i.e., is the concern here really about *disinheriting* an heir (Clause 3's language) rather than the 1/3 threshold itself?
+
+**Downstream dependency:** Clause_02.md's sibling-share model (flat 1/6 / 1/3 for "siblings" generically) is a separate but related open item — it currently applies the uterine-sibling rule to siblings without distinguishing full/consanguine/uterine, which Horizon 1 PRD §8.1 acceptance criteria already requires the calculator to distinguish. Tracked here as **OPEN-02** since it also touches the shared calculation core referenced by the waqf cap calculation (PRD §11).
+
+**Action required before Family Waqf Designator development proceeds:**
+- Route this determination to the named qualified Shariah advisor referenced in Horizon 1 PRD §8.5's gating condition.
+- Once resolved, reconcile Clause 3 and Clause 10 to state a single, consistent position, and update PRD1 §8.5's functional requirements if the product's current "marad al-mawt only" cap logic needs to change.
+- Record the advisor's name, determination, and date below.
+
+**Resolution (pending):**
+- Advisor: _[not yet assigned]_
+- Determination: _[pending]_
+- Date: _[pending]_
+
+---
+
+## OPEN-02: Sibling share model does not distinguish full / consanguine / uterine siblings
+
+**Status:** OPEN — blocks Faraid Calculator hardening (Horizon 1 PRD §8.1)
+
+**Source:** `chapters/Clause_02.md` gives a flat 1/6 (single sibling) / 1/3 (multiple siblings) share for the kalala case without distinguishing sibling type — this is the uterine-sibling rule applied as if general. PRD1 §8.1 acceptance criteria already commit to extending the model to full, consanguine, and uterine siblings with correct share and blocking rules per type; content needs to catch up to that commitment before the CI classical-case test suite (PRD §8.1) can be considered complete against the clause library.
+
+**Resolution (pending):**
+- Advisor: _[not yet assigned]_
+- Determination: _[pending]_
+- Date: _[pending]_