Introduction
ĀYATUʾL-MAWĀRĪS̤ (اية المواريث) – often referred to as “the verse of inheritances” – is the twelfth verse of Sūratu ʾn-Nisā, the fourth chapter of the Qur’ān. It establishes the foundational principles for inheritances in Islamic jurisprudence. This verse holds immense significance within the Islamic legal framework, prescribing detailed shares for familial inheritance and reflecting overarching principles of equity and responsibility in Islamic law.
Comprehensive Definition
ĀYATUʾL-MAWĀRĪS̤: The Arabic term أية المواريث refers directly to the Qur’anic verse that dictates rules regarding inheritance distribution among family members. It translates to “The verse of inheritances.”
Key Verses from Sūratu ʾn-Nisā (Qur’an 4:11-12)
The verses detail specific shares earmarked for children, spouses, parents, and other relatives, mapping out an equitable system ensuring property is distributed justly after the death of an individual. This structure aims to prevent the concentration of wealth and maintain societal balance.
Etymology and Background
- Etymology: The term “ĀYATUʾL-MAWĀRĪS̤” derives from Arabic roots, where “Āyat” means ‘verse’ and “Mawārīth” is the plural form of “Mīrāth,” meaning ‘inheritance.’
- Historical Context: The Islamic inheritance law, as prescribed within these verses, was revolutionary for the Arabian society of the time, which was tribally focused, often denying women and non-male offspring significant shares in inheritance.
Cultural Differences and Similarities
Similarities
- Equality and Responsibility: Like many other legal frameworks, Islamic inheritance law shares core values regarding equitable distribution and responsibilities towards family members.
- Codification: Similar to the Western legal systems, Islamic inheritance rules are codified in religious texts and subsequent interpretive works.
Differences
- Fixed Shares: Unlike the flexible systems seen in Western legal traditions, Islamic law delineates fixed shares that different classes of inheritors are to receive, minimizing disputes.
- Gender-specific Rules: The allocation within Islamic education system varies by gender, often granting male heirs the responsibility of financial stewardship within the family context.
Synonyms and Antonyms
Synonyms
- توزيع المواريث (Tawzīʿ al-Mawārīth): Distribution of inheritances.
- **قانون الميراث (Qānūn al-Mīrāth): Inheritance law.
Antonyms
- Disinheritance: The act of depriving someone of the inheritance that would otherwise be theirs legally.
Related Terms with Definitions
- فرائض (Farāʾiḍ): Obligatory shares in inheritance.
- ميراث (Mīrāth): Inheritance.
- وَصِيَّة (Waṣiyyah): Will or bequest.
Exciting Facts
- Gender inclusivity: Islam was one of the early religions to systematically include women in inheritance distributions, a radical departure from existing customs in 7th-century Arabia.
- Mathematical precision: The mathematical preciseness in determining inheritance proportions as prescribed by the Qur’an has been noted by scholars for its complexity and accuracy.
Quotations from Notable Writers
“In the realm of inheritance, the Holy Qur’an ordains a balance of wealth between all segments of society, meticulously ensuring that no familial bond is left bereft.” — Prof. Asifa Qureshi-Land, Islamic Distributive Justice
References and Suggested Literature for Further Study
- Ali, Abdullah Yusuf. The Holy Qur’an: Text, Translation and Commentary. An essential resource for understanding Qur’anic laws and their implications.
- Qureshi-Land, Asifa. Islamic Distributive Justice: Ethics and Law. A comprehensive analysis of inheritance in Islamic law.
- Hallaq, Wael B. Shari’a: Theory, Practice, Transformations. Explores the broader framework of Islamic law including inheritance principles.
Quizzes
Farewell Thought
As we journey through the realms of ĀYATUʾL-MAWĀRĪS̤ (اية المواريث), let us remind ourselves of the Nuanced Balance that Islamic Law prescribes in personal and communal laws. Each rule, a facet of divine wisdom, aims to create harmony and justice among the believers.
May our continuous exploration of these divine mandates inspire equity, scholarly curiosity, and compassionate practice in our day-to-day lives.
Zaynab Al-Mutadhar
October 4, 2023
