Bequest, in Shahrur’s view, is a foundational principle in the transfer of wealth after death, not an abrogated ruling nor a secondary appendage to inheritance.
This entry belongs to the Shahrur lexicon.
The Meaning in Shahrur
Bequest is a sphere of choice and particular justice. It allows a person to take into account the circumstances of the family, kinship, vulnerability, and need, and to determine shares according to his or her own knowledge before the general law of inheritance comes into effect in the absence of a bequest.
Its Function in Legislation
- It precedes inheritance in functional order.
- It achieves a particular justice that the general division does not always achieve.
- It extends to close relatives, orphans, the poor, and vulnerable offspring.
- In Shahrur’s view, it is not restricted by a fixed ceiling such as one-third as an eternal ruling.
Foundational Links
- Bequest is a particular principle and inheritance is a residual general law
- Circles of those nearest in bequest
- Categories of bequest beneficiaries other than the heirs
- al-Baqara 180
Limits of the Reading
Bequest here is not a door to tampering with rights, but a sphere of special knowledge, God-consciousness, and a specific justice that operates before the general division.