🧬 Understanding ʿILMU ʾL-FARĀʾIẒ: The 🕌 Islamic Law of Inheritance

☪️ Understanding ʿILMU ʾL-FARĀʾIẒ (علم الفرائض‎): The Islamic Law of Inheritance 🧬

Comprehensive Definition

ʿILMU ʾL-FARĀʾIẒ (علم الفرائض‎) refers to the Islamic Law of Inheritance, guiding how the estate of a deceased person should be distributed among their heirs. It derives from the Qur’an, the Hadiths (teachings of Prophet Muhammad), and centuries of Islamic jurisprudence (fiqh). Its fundamental aim is to ensure a fair and just allocation of assets while supporting familial and societal structures.

Etymology

The term “ʿILMU ʾL-FARĀʾIẒ” combines two Arabic words:

• ʿILMU (علم): Meaning knowledge or science.
• ʾL-FARĀʾIẒ (الفرائض): Meaning prescribed shares or obligations, derived from the root “fard” indicating something obligatory.

Background

• Historical Context: The principles governing ʿILMU ʾL-FARĀʾIẒ were revealed in the Qur’an and elaborated upon by Prophet Muhammad (PBUH). Verses in the Qur’an (e.g., Surah An-Nisa, 4:11-12) specify detailed portions of inheritance for relatives.
• Structure: Typically, a deceased’s estate is divided into defined precepts. Spouses, parents, siblings, and children receive specific shares. This division intends to provide financial security and maintain balance within the family unit.
• Justice and Equality: The practice balances individual and communal rights, emphasizing justice. Gender-based differences in shares spark discussions on rights and obligations within Islamic jurisprudence.

Cultural Differences and Similarities

• Islamic Tradition: Islam follows a predetermined inheritance model contrasted with the Western principle of testamentary freedom, ensuring no individual is excluded arbitrarily.
• Other Religions and Legal Systems: While Hindu and Jewish laws also have specific bonds, contemporary legal systems often allow individuals to dictate their wills more freely, adjusting one’s estate as desired.

Synonyms

• Islamic Inheritance Law
• Shariah Law on Inheritance
• Islamic Estate Distribution

Antonyms

• Intestate Succession Without Share Dedications
• Testamentary Freedom

Related Terms with Definitions

• Shariah (شريعة): The comprehensive Islamic code of conduct, derived chiefly from the Quran and Hadith.
• Wasiyyah (وصية): A bequest or will in Islamic law, specifying a gly notion.
• Nass (نَصّ): Texts explicitly laying out inheritance shares.

Exciting Facts

• In many countries, Islamic inheritance law can operate alongside local laws or influence national family law codes.
• The structure of ʿILMU ʾL-FARĀʾIẒ ensures that heirs, including adoptive relatives and non-biological dependents in some circumstances, are provided for.

Quotations

• “Wealth left behind by a person justly belongs to those nearest, as lovingly determined by divine law, ensuring neither envy nor neglect prevails.” — Imam Al-Ghazali

Suggested Literature & Other Sources for Further Studies

• “The Economic Structure of Islamic Inheritance Law” by Yusuf Talal DeLorenzo
• “Sharīʿah Law: An Introduction” by Mohammad Hashim Kamali
• “Inheritance in Islam” by Jamal J. Nasir

As we continue this journey of understanding the heart of Islamic jurisprudence, we unravel not just laws, but a way of enshrining justice and familial harmony. Let knowledge guide our thoughts and our hearts.

Zaynab Al-Badawi - 2023-10-10