Definition
Shīʿah Inheritance (ميراث شيعة): Refers to the division and distribution of a deceased Shīʿah Muslim’s estate according to Islamic jurisprudence derived from the 12 Imams’ interpretations.
Etymology
The term “mīrāth” (ميراث), in Arabic, means “inheritance”. The Shīʿah legal principles are specifically adapted from Shīʿah schools of thought and canonical texts attributed to the Imams.
Background
Shīʿah inheritance law has its roots in the Qurʾān, Hadiths (sayings of the Prophet Muhammad) and interpretations by the Shīʿah Imams. It contains detailed regulations on how the estate of a deceased individual should be distributed amongst heirs, ensuring justice and balance among the family and the community.
Key Sources
- Ash-Sharīfīyah: An faqh text that outlines the principles of Islamic inheritance law.
- Sharāʾiʿu ʾl-Islām: A significant work in Shīʿah jurisprudence, providing detailed legal guidance, including inheritance.
- Irshād-i-Allāmah by Allāmah al-Hilli: A crucial text incorporating theological underpinnings and legal rulings specific to the Shīʿah tradition.
Cultural Differences and Similarities
Shīʿah inheritance systems can be differentiated from Sunni principles through variations in legal interpretations by their respective jurists. While both systems adhere to Qurʾānic guidelines, differences emerge in the distribution shares among siblings and extended family members.
Synonyms
- Islamic Inheritance (ميراث إسلامي)
- Shīʿah Mirās (میراث شیعه)
Antonyms
- Secular Inheritance Law (القانون العلماني الإرث)
- Customary Inheritance (العرف الإرثي)
Related Terms
- Wasiyyah (وصية): An Islamic will, where the person discloses their wishes regarding the estate within the Islamic legal provisions.
- ‘Awl (عول): Method of adjusting the shares when the entitlement exceeds the estate.
Exciting Facts
- Shīʿah Imams partook actively in interpreting inheritance laws to align with the principles of equity and justice.
- During the Caliphate of Ali (the first Shīʿah Imam), various unique implementations of inheritance were recorded which differ from Sunni practices.
Quotations
- “The house of wisdom does not sit heavy on wealth, what carries its weight is the justice of dividing it.” – Imam Jaʿfar aṣ-Ṣādiq
References
- Sir William Jones’ translation of the Sirājīyah (1792): Groundbreaking English translations of foundational texts.
- N. B. E. Baillie’s Muḥammadan Law of Inheritance (1832): Enriching the study of Islamic inheritance law with scholarly interpretations.
- Ameer Ali’s Personal Law of the Muḥammadans (1880): Contextual guide to practical applications of Islamic personal law.
Suggested Literature and Sources
- “Islamic Law and Society” by Norman Calder for in-depth analysis of Shīʿah and Sunnī interpretations.
- “Continuity and Change in Islamic Law” by Wael B. Hallaq to understand the dynamic nature of Islamic jurisprudence through history.
Quizzes
Remember, knowledge is not just for accumulation but for applying wisdom and fairness in every aspect of life.
Hafsa Al-Mutlaq, 2023-10-05
— “Every grain of knowledge builds the mountain of enlightenment. Embrace it with humility.”
