The Will Is the First Option and Justice in It Is Particular
Editorial verification status: This atom is extracted from an explanatory audiovisual source, and it has now been linked to the closest books within Shahrur’s project at the book level. For precise academic quotation, consult both the original book and the original episode together.
Formulation of the claim
Shahrur maintains that the will is the first and fundamental option in the distribution of wealth after death, and that it is closer to achieving particular justice because it takes account of the specific circumstances of the family.
Explanation
He holds that the will is not merely a secondary procedure, but rather the original principle that comes before inheritance.
For him, the will allows individual cases to be taken into consideration: illness, disability, young age, or any special circumstance within the family.
For this reason he calls it particular justice, because it is not applied to all people in a single form.
Inheritance, by contrast, comes later when there is no will, or when a general law is to be applied.
Its place in the episode’s argument
This idea sets the general framework of the episode: the will is primary in principle, while inheritance is a general fallback solution.
With it, Shahrur begins to build the distinction between particular justice and general justice.
Limits of the claim
This idea does not say that the will abolishes inheritance, but rather that it precedes it and complements it.
Brief witness
“The will is a general law, and its application is particular"
"Particular justice is more than inheritance”
Related links
- Shahrur - Fiqh
- Shahrur - the Qur’an
- Atom: Inheritance Is the General Law in the Absence of a Will