Father in Sunnī Law: Inheritance and Legal Implications
The role of a father in Sunnī Islamic law touches upon various aspects of inheritance, retaliation (qiṣāṣ), and legal testimony. This entry delves into how these areas of law intersect and define the father’s position and rights.
Inheritance Laws
General Rule in Inheritance
In Sunnī law, the father is a significant figure with certain entitlements when it comes to the inheritance (الوراثة, al-wirātha) of his deceased descendents’ property:
- Share as a Sharer: The father is considered a “sharer” (فرض, farḍ) and is allocated one-sixth of his deceased child’s estate.
- Residue as Residuary: If the son passes away unmarried and without any children (issue), the father becomes the “residuary” (عصبة, ʿaṣaba). In this scenario, he inherits the entire estate.
Law of Retaliation (Qiṣāṣ)
Retaliation Rule
The law of qiṣāṣ (قصاص), or retaliation, specifically notes the regulations regarding a parent and child:
- No Retaliation Upon Parent: If a father takes the life of his son, Islamic law does not mandate the father’s death as retribution. This ruling is based on a ḥadīth (حديث) of the Prophet Muhammad: “Retaliation must not be executed upon a parent for his offspring.”
- Philosophical Justification: Abū Ḥanīfah, an eminent Islamic jurist, adds that since a father is the “efficient cause” (سبب, sabab) of the child’s existence, the child should not be the cause of the father’s death.
Combat and Legal Actions
Specific scenarios further elucidate the father-child relationship under Islamic law:
- Combat Situations: A son is forbidden to target his father even if the father is in the enemy’s army.
- Punishment: A son must not stone his father even if the father is being punished for adultery.
Law of Evidence
Testimonial Exclusions
The law of evidence (شهادة, shahāda) in Islamic jurisprudence includes strict rules about who can testify:
- Father’s Testimony: A father’s testimony for or against his child is typically not admitted in a court of law, aimed to preserve the impartiality and integrity of legal proceedings.
Etymology and Translations
- Arabic: The term for father in Arabic is “أب” (Ab).
- Turkish: In Turkish, father is referred to as “Baba.”
Suggested Books for Further Studies
- “An Introduction to Islamic Law” by Wael B. Hallaq - This book provides a comprehensive overview of various aspects of Islamic law, including inheritance and family law.
- “Islamic Law of Inheritance: A Comparative Study of Recent Reforms in Islamic Countries” by Hamid Khan - A detailed study focusing on the specific rules and reforms in Islamic inheritance laws.
- “Fiqh al-Sunnah” by Sayyid Sabiq - This text delves deeply into various topics of Islamic jurisprudence, including inheritance and family laws.
Takeaways and Conclusion
The role of a father within Sunnī Islamic law encompasses:
- Specific rights and shares in inheritance,
- Exemptions in the law of retaliation (qiṣāṣ),
- Restrictions in legal testimony.
These laws highlight the intricate balance and respect given to familial relationships and duties. Understanding these nuances is essential for comprehending broader Islamic legal and social frameworks.
