حصص اصحاب الفروض فی علم الفرئض،فلسفتهاومقارنتها باالقانون الباكستانی

Possessors of Obligatory Share in Islamic Law of Inheritance- A Philosophical Approach (A Comparison with Pakistani Law)

Abstract

Being a comprehensive code of life, Sharī‘ah offers directions in each and every aspect of life, above all, the one which is related to family matters. Inheritance, as one of the most central concept of family law, is minutely discussed by the Holy Quārn and Sunnah; where various shares are prescribed for the relatives of a deceased.  However, these shares are not awarded arbitrarily without an ample application of wisdom. Owing to this fact, the share of a deceased’s relative is backed by a specific philosophy. Such philosophies are, indeed, expounded by the classical Muslim fuqahā in their remarkable works. Unfortunately, such philosophies can be hardly found in the available contemporary research literature of Islamic law. Because of this reason, and many others, the western scholars often criticize, without having any knowledge of such philosophies and wisdom, the inheritance law of Islam, mostly, for its discrimination between the genders.  The Pakistani law, predominantly, the law related to inheritance, too, does not take into account such philosophies in terms of discussion. The present research endeavor, therefore, aims to point out such philosophies, scattered in the work of classical Muslim jurists and scribed them, at the same time, in the easiest possible way.  Findings, herein, show that share of each relative, in Islamic law of inheritance, is backed by a particular philosophy-based on the principle of justice and equality.  Moreover, discourse analysis, one of the most key methodologies of qualitative research, is followed in the present work for the investigation of the issue.