Inheritance, in Shahrur’s view, is a general law for the distribution of an estate, but it is not the only basis for the transfer of property after death; it is preceded by the sphere of bequest.
This entry belongs to the Shahrur glossary.
Meaning in Shahrur’s thought
Inheritance realizes general justice at the level of society and groups, and functions as a fallback law when there is no specific bequest. It therefore does not address every individual case in itself, but rather provides an organized general system.
Its function in legislation
- It applies when there is no specific bequest or after its execution.
- It realizes general justice, not special justice for every individual case.
- It determines shares through a general law.
- It is connected to limits and prescribed shares more than to individual choice.
Foundational links
- Bequest is the specific basis and inheritance is a general fallback law
- Inheritance is a collective legal system with class-based controls
- Inheritance is a fallback law in the absence of a bequest
- Women 11
Limits of the reading
Making inheritance a fallback does not mean abolishing it; rather, it means placing it in relation to bequest, religion, and general justice, not isolating it from the rest of the verses on the transfer of property.