What is meant

For Shahrur, the will falls within the domain of private justice inside the family, unlike inheritance, which is tied to public justice. Therefore, it is understood as a tool for regulating rights and obligations within the private family sphere.

The atom’s structure in the atlas

  • Type of argument: legislative
  • Movement of the argument: it makes the will a tool of private justice within the family.
  • Key terms: the will, private justice, the family.
  • Degree of centrality: primary.

It links the will to the regulation of direct family rights and gives it a corrective function within the private sphere, in contrast to public inheritance.

Reading aids

Basis

  • Supporting text: “He distinguishes between the will and inheritance in a decisive way: the will belongs to the private sphere and private justice, while inheritance belongs to the public sphere and public justice.”

Basis location in the book

  • Book: Toward New Principles for Islamic Jurisprudence.
  • Location: within the treatment of the difference between the will and inheritance in the middle section of the book
  • Type of basis: close witness.
  • Verification marker: The will realizes private justice
  • Reading note: This passage is suitable as evidence because it explicitly states that the will realizes private justice, in contrast to inheritance, which realizes public justice.

Degree of documentation

  • Level: directly documented
  • Meaning of the level: the atom rests on an explicit witness close to the wording of the claim.
  • Limits of reading: the formulation above is an analytical summary and should not be treated as a verbatim quotation unless the witness is quoted word for word.

Its function in the book

Its function here is definitional; it fixes a meaning or conceptual distinction on which Shahrur relies in constructing the idea.

Editorial note

The atom defines the scope of the will within the family.