Information about Islamic Inheritance Jurisprudence

Part of a on the Islamic Jurisprudence – a discipline of Islamic studies

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''This is a sub-article to Islamic economical jurisprudence and inheritance.

Islamic Inheritance jurisprudence is the field of Islamic Jurisprudence (Arabic: fiqh) that deals with inheritance, a topic that is prominently dealt with in the Qur'an.

• Al-Qurtubi, a 13th century Sunni Islamic scholar writes ^[1]:

All the early scholars have no disputes that Mut'ah is Nikah for a set period of time, this Nikah has no inheritance and man and woman separate when the time expires.

Women and inheritance

In Islam, women are entitled the right of inheritance,^[2] but often a woman's share of inheritance is less than that of a man's.

In general circumstances, Islam allots females half the inheritance share available to males who have the same degree of relation to the deceased. For example, where the deceased has both male and female children, a son's share is double that of a daughter's.^[3] Additionally, the sister of a childless man inherits half of his property upon his death, while a brother of a childless woman inherits all of her property.^[4]

Islamic scholars hold that the original reason for this difference is the difference in responsibility between men and women in the societies of Arabia in the 7th century: men had to provide for their family whereas women could keep all their money themselves. They were usually taken care of by their families or their husbands, whereas men would usually finance a family and relatives. Also, men had to pay the dowry to women in marriage while women did not have to pay anything to men. ^{[5] [6]}

The Qur'an does not discriminate between men and women in cases of kalalah relation.^[7][8] Kalalah describes a person who leaves behind neither parents nor children; it also means all the relatives of a deceased except his parents and children, and it also denotes the relationships which are not through [the deceased’s] parents or children.

In most Muslim nations, the law of the state concerning inheritance is in accordance with this law.

See also

• Women and Islam

References