Intended meaning
Shahrur distinguishes between the share and the portion in the chapter of property after death. The share of inheritance is called a share because it falls under a general, imposed law, whereas the share of bequest is called a portion because it is determined by the will of the bequeather within the sphere of bequest and special justice.
The atom’s structure in the atlas
- Type of argument: linguistic.
- Movement of the argument: it makes the difference in wording signify a difference in the source of determination between inheritance and bequest.
- Key terms: share, portion, inheritance, bequest, prescribed law.
- Degree of centrality: pivotal.
This atom supports the structural distinction between bequest and inheritance: bequest is a sphere of choice and special justice, while inheritance is a general reserve law.
Links to help reading
- Towards New Foundations for Islamic Jurisprudence
- Bequest
- Inheritance
- Bequest is a special principle and inheritance is a general reserve law
Basis
- Supporting text: the passage links the share in bequest to the portion determined by the bequeather, and the share in inheritance to the share fixed within a general law.
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 the reading: the formulation above is an analytical summary, and should not be treated as a verbatim quotation.
Its function in the book
Its function here is terminological and legislative; it shows that the difference in wording is part of the difference between the two systems.