Distinctive Traits of the Islamic System of Inheritance
By Mufti Taqi Uthmani
Translated by Muntasir Zaman
Islamic law has put in place a fair and wise system of inheritance. The Qur’an and Sunnah have meticulously elucidated the subject without leaving it to human reasoning, which is unable to fully grasp the profound wisdom only encompassed by Allah Most High. We, therefore, find that the Islamic laws of inheritance part ways with other religions and legal systems from many angles. These distinctive traits are encapsulated in the following principles laid down by the Shari’ah.
1. All assets of the deceased form part of the inheritance
The first principle in the Islamic system of inheritance is that all assets left by the deceased are inheritable be they of personal use, such as clothes and utensils, or items that accrue profit, such as land, merchandise, and money. According to Islamic law, inheritors are entitled to all of these items, small or large, valuable or cheap. Only three areas are excluded: finance for the burial process, debts, and the bequest, which caps at one third of the remaining wealth. Read the rest of this entry »
As the day of ‘Īd draws near, the exuberance and joy of Muslims becomes increasingly manifest. After devoting an entire month to fasting, worshiping, and other religious obligations, a believer embraces the joyous occasion of ‘Īd al-Fitr spiritually uplifted and reformed. It is with immense grief, however, that during such blessed days we witness reoccurring episodes of futile quarreling in many Masjids, thus stripping the atmosphere of the unity greatly needed in our times. What makes the matter more disheartening is that these arguments too often ensue regarding issues wherein there exists a legitimate scope for differences in Islāmic jurisprudence. A common example, which by now has become somewhat of a cliché, is the issue of moon-sighting, or more sardonically put, “moon-fighting.”
With the possibility of ‘Īd al-Fitr happening this year on the blessed day of Jumu‘ah, there comes along an important question in respect to Islāmic jurisprudence: will a person be absolved from performing the Jumu‘ah prayer due to performing the ‘Īd prayer? As was witnessed on numerous occasions, issues of such a nature serve as a pretext for the unlearned to quarrel and exhibit their intolerance and ignorance.
The excerpt before you is a section from I‘lā al-Sunan of the great Hadīth scholar Mawlānā Zafar Ahmad al-‘Uthmānī pertaining to the issue at hand. The author discusses the various evidences on the subject while cogently substantiating the view of the majority (that is, the view of three of the four schools of Islāmic law and even the view of the Literalist school ) that one is not exempted from performing the Jumu‘ah prayer by virtue of performing the ‘Īd prayer. Nevertheless, according to Imām Ahmad, one will be exempted and therefore the matter will stand as expressed by ‘Allāmah Zāhid al-Kawtharī:
Thus, the follower of evidence is not allowed to depart from restricting the dispensation (of not praying Jumu‘ah due to the ‘Īd prayer) to the people of the village… However, a Hanbalī muqallid is excused for following what is documented in the books of his madhhab, even though the issue may be weak in terms of evidence, as is the ruling for anyone who adheres to the followed Imāms. 
In order to make the article more reader friendly, an idiomatic translation was adopted in several places. Select passages from an article on the subject by ‘Allāmah Zāhid al-Kawtharī were added in the footnotes. These passages and the translator’s footnotes were placed in square brackets.
The following is an excerpt from our abridged translation of the masterpiece, Athar al-Hadīth al-Sharīf fī Ikhtilāf al-A’immah al-Fuqahā’, by the Syrian Hadīth scholar, the teacher of our teachers, Shaykh Muhammad ‘Awwāmah. There were numerous requests for an abridged translation of the work for the benefit of non-Arabic readers, as the original work is relatively lengthy. The abridged translation has now been completed. We will post sections of it in installments and finally publish the complete abridgement in a separate post.
The excerpt before you is a clarification of two common misunderstandings. The first is the notion that the mere authenticity of a narration is sufficient to practice upon it. The second is the notion that there is no need to follow the Imams of madhhabs because Allah has only commanded us to to follow the Messenger of Allāh and not so and so. The author adequately addresses both notions substantiating his answer with numerous statements from luminaries of Islām. He also explains the harms of adopting such an approach and its devastating implications on the blessed Sunnah.
To make the article more reader-friendly, an idiomatic translation was adopted in several places.
Sha‘bān, 25, 1435