Summary of the Thesis
Shahrur holds that the will is the primary basis for the transfer of wealth, and that it takes precedence over inheritance. Inheritance, by contrast, has a general backup function, operative when there is no will, with a distinction between special justice within the family and general justice in society.
Related Verses
Foundational Atoms
- The will takes precedence over inheritance
- Inheritance is a backup law in the absence of a will
- The will achieves special justice
- Inheritance achieves general justice
- General verses do not address special cases
Position of the Argument within the Book
This discussion appears in the middle section of the book, within the comparison between the will and inheritance and the regulation of the transfer of wealth.
Limits of the Reading
This presentation highlights the primacy of the will in the view presented, without negating the presence of inheritance. But it places each of them in a different field of justice and regulation.