Comprehensive Definition
Inheritance (Farāʾiẓ/Mīrās̤): Refers to the body of Islamic laws that govern the distribution of a deceased individual’s estate among heirs. The inheritance principles are prioritizing family members and ensuring fair distribution according to predefined shares in the Qurʾān and Ḥadīs̤.
Etymology
- Farāʾiẓ (فرائض): Derives from ‘farīḍa’ meaning an obligatory or established portion by divine command.
- Mīrās̤ (ميراث): Comes from the root ‘w-r-th’ which means to inherit.
Background
The rules of Islamic inheritance are integral parts of Sharia and are derived from the Qurʾān and the sayings (Ḥadīth) of Islam’s Prophet Muhammad. Inheritance laws are detailed primarily in Sūratu ʾn-Nisāʾ (chapter 4) and specify set shares for family members.
Cultural Differences and Similarities
- Sunnī and Shīʿah Views: Both agree on fundamental principles but differ on specifics such as the treatment of extended family members and the precise calculation of shares.
- Cultural Adaptations: While Islamic principles are consistently applied across cultures, slight variations in local customs and interpretations might occur.
Synonyms and Related Terms
- Testamentary Dispositions: The act of distributing one’s will or bequeathing property.
- Bequest (Waṣiyya): A gift of property by will.
Related Terms with Definitions
- Ḥuqūq Allāh (حقوق الله): Rights of God, ensuring fairness in transactions.
- Ḥuqūq al-‘Ibād (حقوق العباد): Rights of the humans, directly relevant to lawful inheritance shares.
- Istīḥqāq (استحقاق): Rightful entitlement.
Exciting Facts
- Gender Provisions: Islamic inheritance laws contrarily assure females receive inheritance, specifying actual portions.
- Scientific Precision: Mathematical formulation of inheritance share calculations, demonstrating the depth of early Islamic scholarship.
Quotations
“Verily, God commands you concerning your children: For the male, a share equivalent to that of two females…” - Qurʾān, An-Nisāʾ 4:11
“Intestacy… the true manifestation of Islamic compassion and equity among family members.” - Ameer Ali, Personal Law
Suggested Literature and Further Studies
- “The Personal Law of the Muhammadans” by Ameer Ali: Offers an in-depth analytical reference.
- “Sirājīyah” by Sir William Jones: A classical work explaining Muslim inheritance laws.
- “Sharāʾiʿu ʾl-Islām”: Comprises comprehensive studies on Shīʿah inheritance laws by Allāmah Hilli.
Quiz Section
Author Insight: As we traverse through the realms of Farāʾiẓ, the intricate weave of fairness laid by divine guidance unfolds, ensuring a balanced and equitable approach to both genders and varied kin. May this journey into understanding Islamic inheritance make us reflect deeply on compassion and justice as envisioned in the timeless wisdom of Islam.
Published on 2023-10-12 by Amina Al-Fahad
Inspirational Farewell Thought: “As every ocean receives rivers, may we always open ourselves to the rivers of ancient wisdom, nourishing the soul with unending equity and fairness.”
