Islamic inheritance jurisprudence

Islamic Inheritance jurisprudence is a field of Islamic jurisprudence (Arabic: fiqh‎‎) that deals with inheritance, a topic that is prominently dealt with in the Qur'an. It is often called Mīrāth, and its branch of Islamic law is technically known as ʿulm al-farāʾiḍ (Arabic: علم الفرائض‎‎, "the science of the ordained quotas"). All Muslims are to follow and implement the rules of Islamic inheritance.

The Qur'an introduced a number of different rights and restrictions on matters of inheritance, including general improvements to the treatment of women and family life. The Qur'an also presented efforts to fix the laws of inheritance, and thus forming a complete legal system. This development was in contrast to pre-Islamic societies where rules of inheritance varied considerably. Furthermore, the Qur'an introduced additional heirs that were not entitled inheritance in pre-Islamic times, mentioning nine relatives specifically of which six were female and three were male. The laws of inheritance in the Qur'an also included other male relatives, like the husband and half-brothers from the mother’s side, which were excluded from inheritance in old customs. The heirs mentioned in the Qur'an are the mother, father, husband, wife, daughter, uterine brother, full sister, uterine sister, and consanguine sister.

In general, the Qur'an improved the status of women by identifying their share of inheritance in clear terms. It also completely forbade the practice of inheriting widows.^[4:19]Orientalist Joseph Schacht states that "this is not meant as a regular legal ordinance, but is part of the Qur'anic endeavor to improve the position of women." The Qur'an does not explicitly mention the shares of male relatives, such as the decedent's son, but provides the rule that the son's share must be twice that of the daughter's. Muslim theologians explain this aspect of inheritance by looking at Islamic law in its entirety, which bestows the responsibility and accountability on men to provide safety, protection and sustenance to women.^{[Qur'an 4:34]} One explanation of why a daughter is entitled to only half that of the son is that Islam decrees that women, upon marriage are entitled to a "dowry" from the husband (in addition to any provision by her parents). It is thereafter the husband's obligation to care for and maintain his wife and the "dowry" is, therefore, essentially an advance of inheritance rights from her husband's estate which returns to his possession after the formalities over.

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