The Philosophy of the Inheritance System in Islam: Between the Beauty of Legislation and the Justice of Distribution - فلسفة نظام الإرث في الإسلام بين جمال التشريع وعدالة التوزيع

Abstract

This research seeks to study the philosophy of the inheritance system in Islam and to demonstrate its aesthetics and justice, relying on two main approaches: the inductive approach: by extrapolating and tracking the legislation related to the inheritance system before Islam and presenting a historical overview of it, whether in ancient civilizations, divine religions, or In the pre-Islamic era before Islam. The descriptive and analytical approach to the provisions related to the inheritance system in Islam: which describes their aesthetics and justice, and then studies and analyzes them by revealing the foundations and standards on which they were built, in order to identify the source of disagreement between them and our law, while responding to some similarities related to that. Among the most important results were: Issues of inheritance are among the rulings that have known give-and-take, ebb and flow, throughout history, as their rules were decided according to what souls desire and what human motives, narrow outlooks, and selfishness dictate, until the earth shone with the light of its Lord and Islam came with a precise law that spread its banner over the world of rights and duties and gave Everyone has a right to his rights in a fair and just manner. One of the beauties of the inheritance system in Islam is that it keeps pace with human nature, and that it balances between the right of the inheritor and the right of the heirs, and between the strength of kinship and the need for money, and that the foundations and standards upon which the inheritance system in Islam is built have nothing to do with masculinity and femininity at all, but rather contain profound divine wisdom and sublime divine purposes.