Source location: Episode 27: Inheritance: Those Mentioned, Shares, and Cases of Equality, at 01:07–01:11. Audible testimony: «العداله الخاصه لكل شخص على حده نعم قانون الارث هو قانون عام فيه العداله الجمعيه» — “Individual justice for each person separately; yes, the law of inheritance is a general law containing collective justice.”
The Will Is Individual Justice, and Inheritance Is Collective Justice
Source note: This page summarizes explanatory audiovisual material. Book references provide nearby context and do not constitute verbatim evidence; for precise citation, consult the original episode and book.
Claim Formulation
Shahrur distinguishes between the will and inheritance: the will is an open sphere of individual justice, whereas inheritance is a general law that achieves collective justice.
Explanation
He says that the will differs from inheritance in function and structure: the will concerns special, personal cases, whereas inheritance distributes according to a fixed general system. He therefore does not read inheritance rulings as isolated family decisions, but as social legislation. This distinction is the basic entry point for everything he will later construct regarding ratios and shares.
Its Place in the Episode’s Argument
This idea establishes an understanding of inheritance as a general civil law rather than merely family divisions. It is the starting point that later justifies his rejection of traditional agnatic inheritance.
Limits of the Claim
He does not say that the will abolishes inheritance, but rather that each has a different sphere.
Brief Testimony
“الوصية هي العدالة الخاصة لكل شخص على حدة… والإرث هو قانون عام فيه العدالة الجماعية.” — “The will is individual justice for each person separately… and inheritance is a general law containing collective justice.”
Related Links
- Shahrur - Jurisprudence
- Shahrur - The Qur’an
- Muhammad-Shahrur-Toward-New-Foundations-for-Islamic-Jurisprudence