Shahrur’s Statement

In the chapter “The Will and Inheritance,” he states that he “draws a decisive distinction between the will and inheritance: the will has its private sphere and private justice, while inheritance has its public sphere and public justice.” The distinction between the two terms and their functions is thus an explicit part of his formulation.

Atlas Explanation

The contrast here means that the will and inheritance are not merged; the passage assigns each a different sphere and type of justice: the private to the will, and the public to inheritance.

Qualified Conclusion

In this context, the will may be understood as connected to a private sphere, in contrast to the public sphere of inheritance. But this is an understanding of the contrast stated in the passage, not an independent account of the conditions of the will or its practical effects.

Open Question and Limits of the Evidence

The passage does not state that “private” means the family specifically, nor does it identify those entitled, the amounts of the will, or the mechanisms for achieving private justice. These details require other evidence from Shahrur’s treatment of the will and inheritance.

Toward New Principles for Islamic Jurisprudence