THE QURAN VERSE OF INHERITANCE AND ASHABUL-FERAIZ IN CURCANI
The inheritance law has a special place both in Muslim people’s social and economic life, and in Islamic law. It’s clear that no legal regulation on heritage was put at Meccan period, hence, the heritage law was run according to traditional Arabic law. The legal practices appeared at Madinah period,...
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| Formato: | article |
| Lenguaje: | DE EN FR TR |
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Fırat University
2019
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| Acceso en línea: | https://doaj.org/article/7773af4fa7b2466f8f300ef09fe47480 |
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| Sumario: | The inheritance law has a special place both in Muslim people’s social and economic life, and in Islamic law. It’s clear that no legal regulation on heritage was put at Meccan period, hence, the heritage law was run according to traditional Arabic law. The legal practices appeared at Madinah period, after the brothership between Ensar and Muhajir that established after Higra (migration to Madinah) had been actepted as an inheritance reason, then the last will for relatives, men or women, including firstly parents, had been made compulsory. So, Muslims were prepared for inheritance laws. The detailed explanations about heirs and their shares in Quran take places in chapter of Nisa/4 verses no. 11-12 and 176. These verses set up the basic foundations of inheritance law of Islam. The “ilmu’l-faraid” (the Islamic inheritance jurisprudence) which was formulated depending on related verses, hadiths and the practices of the Prophet (pbuh) was studied within fiqh books, as well as studied in seperate works. One of these seperate works is the book of “el-Ferâizü’s-Sirâciyye” written by famous Hanafi jurist Abdirreshid es-Secavendi. Seyyid Sherif Curcani, whose commentaries and glosses had been handbooks and text-books during centuries in schools all-over the Islamic word, wrote a commentary named “Sherh al-Sirajiyya” on Secavendi’s book. This article deals with commentators views on related verses of Nisa chapter, then explains basic concepts about the islamic inheritance jurisprudence briefly. Finally, I present a simplification and a short explanation of the text that contains the forty states about the given shares of heirs (ashabu’l-feraiz) and. |
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