ʿIlmu’l-Farāʾiẓ (علم الفرائض)
Definition
ʿIlmu’l-Farāʾiẓ (علم الفرائض), or the science of inheritance, refers to the Islamic jurisprudence governing the distribution of a deceased person’s estate. The term is derived from the root Arabic word “farḍ” (فرض), meaning a duty or obligatory act. In essence, ʿIlmu’l-Farāʾiẓ details the mandatory rules for dividing inheritance as laid out in the Qur’an and the Sunnah of Prophet Muhammad (PBUH).
Etymology and Translations
- Arabic: ʿIlmu’l-Farāʾiẓ (علم الفرائض)
- Turkish: Miras İlmihali The Arabic term “علم” (ʿilm) means “science” or “knowledge,” while “الفرائض” (al-farāʾiẓ) is a plural form of “farīḍah” (فرض), meaning a religious obligation or a prescribed duty.
Significance in Islam
ʿIlmu’l-Farāʾiẓ is crucial in Islamic law as it embodies divine commandments. The Qur’an dedicates verses to describe how wealth and assets should be distributed to different heirs, ensuring fair and just treatment that prevents family disputes and maintains social harmony. Practically, the science of inheritance emphasizes the importance of fulfilling obligations to the deceased and rightfully delivering shares to beneficiaries such as spouses, children, and other relatives.
Legal Framework and Application
In Islamic jurisprudence, different schools of thought, including Hanafi, Maliki, Shafi’i, and Hanbali, provide nuanced interpretations and applications of inheritance laws. The primary sources include:
Verses in the Qur’an
Key verses discussing inheritance include Surah An-Nisa (4:11-12, 4:176). These verses meticulously outline the shares for various family members:
- Sons and Daughters: Sons receive a share equivalent to that of two daughters.
- Parents: Each parent gets a specific proportion, contingent on the existence of offspring.
- Spouses: Spouses have predetermined shares based on whether the deceased has ascendants or descendants.
Sunnah
Hadith collections explain and complement Qur’anic injunctions, detailing specific situations and offering resolutions to complex inheritance cases overlooked by the straightforward textual mandates.
Key Concepts
- Wasiat (Will): In Islamic jurisdictions, a Muslim can specify a will but only up to one-third of the total inheritance, and it must exclude the fixed shares (Farāʾiḍ) mandated by the Shari’ah.
- Hibah (Gift): Gifts given during the lifetime of the donor can affect the total inheritance.
Suggested Books for Further Studies
- “Islamic Law of Inheritance: A Comparative Study of Recent Reforms in Islamic Countries” by Mohamed Ibrahim
- “Islamic Law of Inheritance” by Hammudah Abd al-`Ati
- “Understanding Islamic Inheritance: A Practical Guide for Muslims in the West” by Mohamed Hashim Kamali
Takeaways and Conclusion
ʿIlmu’l-Farāʾiẓ serves as an essential component of Islamic financial and family law. It aims to ensure justice, fulfill religious obligations, and protect the rights of heirs, thereby promoting familial and social stability. By adhering to these divine laws, Muslims honor both their faith and their duties to the deceased and the living members of their family.
This structured approach to inheritance serves as a blueprint for maintaining equilibrium and righteousness in wealth dispersion, reflecting the holistic and balanced nature of Islamic jurisprudence.
For further study, one may explore the aforementioned books, which delve deeper into the intricacies and practical applications of Islamic inheritance laws.
