Mīrās̤ (ميراث)
Definition
Mīrās̤ (ميراث), meaning “inheritance” in Arabic, refers to the process through which wealth and assets are distributed among heirs according to Islamic law. It encompasses all forms of material possessions, including real estate, money, and personal effects, that are passed down from a deceased individual to their rightful heirs.
Etymology
The term Mīrās̤ (ميراث) originates from the Arabic triliteral root “و ر ث” (w-r-th), which means to inherit or succeed. The concept of inheritance is deeply woven into various Islamic texts and is regulated comprehensively in Islamic law (Sharīʿah).
Translations
- Arabic: ميراث (Mīrās̤)
- Turkish: Miras
Significance in Islam
Islamic inheritance law, known as ‘Ilm al-Mīrās̤ (علم الميراث) or ‘Ilm al-Farāʼid (علم الفرائض), is considered one of the most important areas of Islamic law. The rules governing inheritance are detailed in the Quran, specifically in Surah An-Nisa (Chapter 4), and are further elaborated upon in Hadith and classical Fiqh literature.
Key Principles
- Fixed Shares: Specific portions are assigned to relatives based on pre-defined rules.
- Equality and Fairness: The aim is to ensure justice among heirs, including both male and female relatives.
- Rights and Responsibilities: Inheritance distributions are also seen as a way to assign responsibilities and welfare duties to heirs within a family structure.
Legal Framework
Islamic inheritance laws allocate portions of the deceased’s estate to a set hierarchy of heirs:
- Primary Heirs: Include spouses, children, and parents.
- Secondary Heirs: Include siblings, grandparents, and other relatives if primary heirs are not available.
- Residuaries: Additional heirs who inherit the remaining estate after primary and secondary shares are distributed.
Books for Further Studies
- “Islamic Law of Inheritance: A Comparative Study with Emphasis on Modern Legislation in Pakistan” by Hamid Khan
- “The Islamic Law of Inheritance” by Hamid Khan
- “Inheritance in Islam: According to Sharia Law” by Dr. Sabir Hussain
Takeaways
- Mīrās̤ (ميراث) has a profound impact on the socio-economic structure of Muslim communities.
- Understanding Islamic inheritance law is essential for legal practitioners, scholars, and anyone involved in wealth management and family law among Muslims.
- The intricate system of rules ensures balanced and equitable distribution, reflecting the ethical principles laid out in the Quran.
Conclusion
Mīrās̤ (ميراث) is a crucial aspect of Islamic jurisprudence that not only addresses financial distribution but also reinforces social justice, familial responsibility, and community support. Its elaboration in Islamic texts underscores its importance and the need for meticulous adherence to avoid disputes and ensure fair dealings in Muslim societies.
