Muslim Inheritance Jurisprudence Revisited: Reform in the Modern World

Contemporary Muslim societies and communities have inherited a system of jurisprudential rules ( fiqhi ) regarding inheritance. However, in the modern context, these inheritance fiqhi rules have led to problems and complications. This open access book is a theoretical analysis of Muslim jurisprudence ( fiqh ) to understand the underlying ideas embedded in the sources of Muslim inheritance jurisprudence ( fiqh al-mawarith ). The aim is to understand the problems associated with inheritance and to explain the necessity for reform in fiqh. Adopting a critical approach, topics covered include the distribution of the estate among heirs, women’s inheritance, issues associated with inheritance for children and grandchildren, and problems surrounding differences of religion and the nuclear family.

The book outlines the Sunni and the Shi’i jurisprudential systems of Muslim inheritance, revealing their underlying similarities and differences. It also presents and considers evidence put forward by the main jurisprudential schools in relation to inheritance law. Finally, in the analysis of the interpretation and application of jurisprudence for law-making, the book proposes how reform in fiqh could beneficially impact contemporary inheritance laws to better serve their various contexts.