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İslamic inheritance law, which is rooted in the Quran and Sunnah, constitutes a foundational pillar of Sharia. This law meticulously governs the transfer of property postmortem to ensure justice and familial harmony. At the core of this legal framework lies ʿilm al-farāʾiḍ (the science of shares), which meticulously delineates heirs’ rights through explicit Quranic injunctions (notably Q4:11–12, 176) and prophetic traditions. This entry examines the principles underpinning İslamic inheritance law, emphasizing its reliance on naqli (textual) sources and its evolution across juristic schools (madhāhib), which exhibit minimal doctrinal divergence due to the Quran’s unambiguous stipulations. The heirs are divided into three categories: (i) Asḥāb al-farāʾiḍ (fixed-share heirs), comprising spouses, parents, and children, whose entitlements are Quranically prescribed; (ii) ʿAṣaba (residual heirs), typically male agnates who inherit after fixed shares; and (iii) Dhawū al-arḥām (distant kin), eligible only in the absence of the former two. The key determinants of inheritance include kinship, gender (with males generally inheriting double the number of females), and marital status. Barriers such as homicide, religious disparity, and enslavement preclude inheritance. The legal framework prioritizes the settlement of debts and the execution of bequests prior to the distribution of assets. This process obliges heirs to either accept or reject the inheritance, with the recalibration of shares occurring in the event of rejection. Notwithstanding the variances in juristic interpretation, the system’s fundamental objective—the equitable allocation of assets—remains constant. Contemporary applications underscore the system’s enduring relevance in resolving disputes and upholding Islamic legal tenets, reinforcing its role in balancing individual rights with communal welfare. This entry synthesizes classical jurisprudence and modern practice, highlighting the law’s structured yet adaptable nature in preserving socioeconomic equilibrium within Muslim societies.

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Inheritance Law

  • 动态工具书词条

  • 发表日期：

    2025年

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  • Emre Tekmen

摘要

İslamic inheritance law, which is rooted in the Quran and Sunnah, constitutes a foundational pillar of Sharia. This law meticulously governs the transfer of property postmortem to ensure justice and familial harmony. At the core of this legal framework lies ʿilm al-farāʾiḍ (the science of shares), which meticulously delineates heirs’ rights through explicit Quranic injunctions (notably Q4:11–12, 176) and prophetic traditions. This entry examines the principles underpinning İslamic inheritance law, emphasizing its reliance on naqli (textual) sources and its evolution across juristic schools (madhāhib), which exhibit minimal doctrinal divergence due to the Quran’s unambiguous stipulations. The heirs are divided into three categories: (i) Asḥāb al-farāʾiḍ (fixed-share heirs), comprising spouses, parents, and children, whose entitlements are Quranically prescribed; (ii) ʿAṣaba (residual heirs), typically male agnates who inherit after fixed shares; and (iii) Dhawū al-arḥām (distant kin), eligible only in the absence of the former two. The key determinants of inheritance include kinship, gender (with males generally inheriting double the number of females), and marital status. Barriers such as homicide, religious disparity, and enslavement preclude inheritance. The legal framework prioritizes the settlement of debts and the execution of bequests prior to the distribution of assets. This process obliges heirs to either accept or reject the inheritance, with the recalibration of shares occurring in the event of rejection. Notwithstanding the variances in juristic interpretation, the system’s fundamental objective—the equitable allocation of assets—remains constant. Contemporary applications underscore the system’s enduring relevance in resolving disputes and upholding Islamic legal tenets, reinforcing its role in balancing individual rights with communal welfare. This entry synthesizes classical jurisprudence and modern practice, highlighting the law’s structured yet adaptable nature in preserving socioeconomic equilibrium within Muslim societies.