Islamic Inheritance: Farāʾiẓ (فرائض) and Mīrās̤ (ميراث)
Introduction
Inheritance under Islamic law is a well-structured system that ensures just distribution of a deceased person’s wealth among their heirs. This process is governed by the principles of Farāʾiẓ (فرائض) and Mīrās̤ (ميراث), rooted in Quranic verses and supplemented by traditions and jurisprudence.
Etymology and Translations
- Arabic: Farāʾiẓ (فرائض), Mīrās̤ (ميراث)
- Turkish: Miras (بيراس), Veraset (وراثه)
Overview
The law of inheritance in Islam, also known as ʿilmu ʾl-farāʾiẓ or ʿilm-i-mīrās̤, is derived from specific Quranic verses termed as Ayātu ʾl-Mawārīs̤ (Verses of Inheritance). These verses appear in the 4th chapter, Al-Nisāʾ, of the Qurʾān, starting from verse 12.
Key Quranic Verses
Surah Al-Nisāʾ, Verse 11-12:
<p>“With regard to your children, God commandeth you to give the male the portion of two females; and if they be females more than two, then they shall have two-thirds of that which their father hath left…” (4:11-12)</p>
These verses anchor the laws of inheritance, ensuring equitable distribution among males and females, parents, and other relatives.
Key Legal Figures and Texts
Sunni Perspective
Zaid ibn Sābit is one of the earliest authorities in Islamic inheritance, whose opinions are heavily referenced in the Ḥadīs̤. Key Sunni texts include:
- As-Sirājīyah by Sirāju ʾd-dīn Muḥammad: Commentary by Sir W. Jones, published in 1792.
Shia Perspective
Prominent texts include:
- Mafātīḥ
- Jāmiʿu ʾsh-Shatāt
Structure of Islamic Inheritance
Funeral Expenses, Debts, and Legacies
- First Priority: Payment of funeral expenses.
- Second Priority: Discharge of the deceased’s debts.
- Third Priority: Fulfillment of legacies up to one-third of the remaining estate.
The remaining estate is divided among heirs according to specific shares (Farāʾiẓ) and rules for residuaries (ʿaṣabah).
Heirs and Their Shares
Sharers (ẕawū ʾl-furūẓ):
These individuals receive fixed portions of the estate.
- Father: Varies based on the presence of children.
- Mother: Receives one-sixth if there are children.
- Daughter: One-half if only one; two-thirds if multiple.
- Son: Residual heir, often double the daughter’s share.
Residuaries (ʿaṣabah):
These heirs receive the residue of the estate after sharers have received their portions.
- Includes males descending directly from the deceased (e.g., sons, grandsons).
Distant Kindred (ẕawū ʾl-arḥām):
These are more remote relatives who inherit in the absence of sharers and residuaries.
Sunni and Shia Distinctions
Although there are more agreements than differences between Sunni and Shia schools, notable distinctions include:
- Proximity Rule: Sunnis prioritize agnate heirs (closely related males), while Shias apply the principle of propinquity to all heirs.
- Testamentary Restrictions: Both schools allow for testamentary dispositions up to one-third of the estate, barring favoring an existing heir.
References for Further Study
- “The Muhammadan Law of Inheritance” by Sir William Jones
- “Personal Law of the Muhammadans” by Ameer Ali
- “The Islamic Law of Inheritance” by Dr. A.K. Brohi
Conclusion and Takeaways
Islamic inheritance law is a detailed and systematic approach deriving from divine commandments. It aims for equitable distribution while ensuring financial responsibilities towards debt and legacies are met first. The laws cater to various family structures, ensuring no wealth hoarding and fair treatment of all heirs.
Understanding these principles requires a meticulous study of both the Quranic verses and scholarly traditions. These laws form an intricate part of the Islamic judicial and social framework, reflecting both divine wisdom and practical social justice.
This entry serves as a foundational resource for understanding Islamic inheritance law, inviting further exploration through recommended texts and scholarly commentaries.
