Saham (سهم) in Islam
Definition
Saham (سهم) refers to a term used in Islamic law that literally means “an arrow used for drawing lots.” In the context of Muḥammadan law, it symbolizes a portion of an estate that is allotted to an heir.
Etymology
The word Saham (سهم) derives from the Arabic root س-ه-م (s-h-m), meaning “arrow” or “share.” This root is utilized within various contexts in Arabic, often related to fairness or randomness, akin to how arrows were traditionally used to represent equal chances or shares in different scenarios.
In Turkish, it is similarly transliterated and understood as Saham, maintaining the essence of its Arabic origins.
Importance in Islamic Law
In Islamic jurisprudence, Saham holds significant importance, particularly in the laws of inheritance as described in the Qur’an and elaborated by Islamic scholars. The allotment of shares among heirs, which is mandated by Islamic law, is a critical aspect of maintaining justice and equity within Muslim societies. The rules and guidelines provided ensure that each heir receives their rightful portion, a concept deeply rooted in the principles of fairness and justice.
References in Classical Texts
Hamilton’s “Hidāyah”, a prominent classical text on Islamic jurisprudence, references Saham in the context of inheritance:
<p>“An arrow used for drawing lots. A term in Muḥammadan law for a portion of an estate allotted to an heir.”<br> <em>(Hamilton’s Hidāyah, Vol. IV, p. 487)</em></p>
Bibliography For Further Studies
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“Hidāyah” by Charles Hamilton
Esteemed as one of the significant classical texts on Hanafi jurisprudence, providing deep insights into various aspects of Islamic law. -
“Inheritance, Commerce and The Enclosure of Middle Eastern Pastoral Commons” by Russell Taylor
Explores diverse aspects of inheritance practices in the Middle Eastern context, including Saham. -
“The Cultural and Legal Role of Arab Women on the Historical Stage: Islamic Heritage versus Modern Achievements” by Jacqueline S. Iskander
Provides contextual understanding of legal provisions, including inheritance practices in Arab societies.
Takeaways and Conclusion
Saham (سهم) is not merely a term but a pivotal concept entrenched in Islamic inheritance law, ensuring the equitable distribution of assets among inheritors. Understanding Saham illuminates aspects of fairness and justice emphasized in Islamic teachings.
By exploring the term’s definition, etymology, and application, one can appreciate the depth and thoroughness of Islamic legal traditions aimed at promoting equity and familial harmony.
Conclusion
Saham, an essential term in Islamic inheritance jurisprudence, anchors the importance of justice and equity in distributing an estate. Its lexical simplicity belies its crucial application within a highly nuanced legal framework that has shaped Islamic societies for centuries.
