Tarikah (تركة) in Islam
Definition
Tarikah (Arabic: تركة, Turkish: Tereke) refers to a legacy, bequest, or inheritance left by a deceased person. In Islamic contexts, it encompasses all the tangible and intangible assets that are distributed among the heirs according to Sharia (Islamic Law).
Etymology
The term “Tarikah” derives from the Arabic root “تَرَكَ” (taraka), which means “to leave” or “to abandon.” In this context, it signifies the items and assets left behind for the heirs after the death of an individual.
Usage in Islamic Context
In Islam, Tarikah is a vital aspect of familial and societal relationships. Upon the death of an individual, Sharia mandates a specific division of their estate:
- Debts and Funeral Costs: Firstly, the deceased’s outstanding debts and funeral expenses are settled.
- Wills and Bequests: Up to one-third of the estate can be willed to non-heirs.
- Distribution to Heirs: The remaining two-thirds of the estate is distributed among the legal heirs according to Quranic injunctions.
Principles of Islamic Inheritance Law
Islamic inheritance law, known as “Ilm al-Fara’id,” is derived from the Qur’an, Hadith, and classical Islamic jurisprudence. The primary sources that outline the distribution rules are:
- The Quran: Verses such as Surah An-Nisa (4:7-12) detail the shares specified for heirs.
- The Hadith: Prophetic traditions provide additional guidelines for equitable distribution.
- Fiqh (Islamic Jurisprudence): Jurists have expanded on these religious texts to provide comprehensive legal frameworks for inheritance.
Significance
The division of Tarikah has considerable social and religious implications:
- Maintains Justice and Fairness: Ensures that no family member is unjustly deprived of their rightful share.
- Prevents Disputes: A clear distribution process minimizes familial conflicts.
- Adheres to Divine Commands: Following these guidelines is considered an act of obedience to God, thus having spiritual merit.
Recommended Books for Further Studies
- “Inheritance in Islam: According to Qur’an and Sunnah” by Maulana Mubarakpuri
- “Islamic Inheritance Law” by Georgia P. Makris
- “Islamic Law of Inheritance: A Comparative Study” by Saeed Ramadan Al-Bouti
- “Faraid: The Islamic Law of Inheritance” by Mohammad Hashim Kamali
Key Takeaways
- Tarikah involves the conception of inheritance in Islam, touching upon both tangible and intangible assets left behind.
- Principles governing inheritance showcase Islam’s emphasis on justice, financial responsibility, and familial harmony.
- The distribution process is meticulously detailed in the Quran and further elaborated by Hadith and Fiqh.
Conclusion
Tarikah reflects the Islamic commitment to ensuring equitable distribution of wealth after death, in obedience to divine commandments. This structured approach upholds justice and supports familial networks, reflecting broader societal values intrinsic to Islamic thought.
By understanding Tarikah, one gains insight into the spiritual and social dimensions that guide Muslim inheritance practices, emphasizing both religious fidelity and social responsibility.
