Thesis Summary
In Shahrur’s view, bequest extends to categories not accommodated by the general inheritance laws, such as orphans, the needy, and weak offspring, and it may even include care institutions that perform these functions. Thus, bequest becomes a special instrument of justice that goes beyond the general division.
Foundational Atoms
- Bequest achieves special justice
- Inheritance is a fallback law in the absence of a bequest
- General verses do not address special cases
Point of Reliance Within the Book
This detail appears in the section that discusses the verses of bequest and women 7-9, where Shahrur moves from the circle of close kin to orphans, the needy, and weak offspring.
Related Verses
Limits of the Reading
This structure does not make bequest an arbitrary substitute for inheritance; rather, it clarifies that bequest carries a special social function that the general division alone does not fulfill.