Efficacy of the Categories of Heirs in Fulfillment of ‘Awl (Increase or Decrease in Inheritance Share); A Comparative Study of the Jurisprudence of Islamic Sects
Awl, i.e., reducing the inheritance share (sahm al-’irth) of heirs (wurrāth) and increasing the number of shares to provide the share for all heirs, is a jurisprudential solution for the time that the assets of the deceased (mutiwaffā) is not sufficient for all the shares of heirs and depriving the...
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University of Kurdistan
2022-03-01
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| Series: | مطالعات تطبیقی فقه و اصول مذاهب |
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| Online Access: | https://mfu.uok.ac.ir/article_62427.html |
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| author | Muhammad Abu Najmi |
| author_facet | Muhammad Abu Najmi |
| author_sort | Muhammad Abu Najmi |
| collection | DOAJ |
| description | Awl, i.e., reducing the inheritance share (sahm al-’irth) of heirs (wurrāth) and increasing the number of shares to provide the share for all heirs, is a jurisprudential solution for the time that the assets of the deceased (mutiwaffā) is not sufficient for all the shares of heirs and depriving the heirs is also not possible. Some jurists have rejected the ‘awl for its contradiction to jurists’ principles and considered diminishing (naqṣ) in the assets shares of a particular group of sharers as a solution. This research using description and analysis by referring to library sources analyzes the inheritance share of triple categories of brothers and sisters in the Holy Qur’an and concludes that if the stronger category gets priority over the weaker one and it becomes a base for giving shares to heirs, there is no need to refer to awl rule.
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| format | Article |
| id | doaj-art-e68527cc31484c0fa93f9e1890edcba1 |
| institution | OA Journals |
| issn | 3041-8682 |
| language | fas |
| publishDate | 2022-03-01 |
| publisher | University of Kurdistan |
| record_format | Article |
| series | مطالعات تطبیقی فقه و اصول مذاهب |
| spelling | doaj-art-e68527cc31484c0fa93f9e1890edcba12025-08-20T02:12:54ZfasUniversity of Kurdistanمطالعات تطبیقی فقه و اصول مذاهب3041-86822022-03-015126227810.34785/J023.2022.012Efficacy of the Categories of Heirs in Fulfillment of ‘Awl (Increase or Decrease in Inheritance Share); A Comparative Study of the Jurisprudence of Islamic SectsMuhammad Abu Najmi0Assistant Professor, Higher Institute of Sunni Islamic Sciences Schools in South Iran, khonj Religious Complex, khonj , IranAwl, i.e., reducing the inheritance share (sahm al-’irth) of heirs (wurrāth) and increasing the number of shares to provide the share for all heirs, is a jurisprudential solution for the time that the assets of the deceased (mutiwaffā) is not sufficient for all the shares of heirs and depriving the heirs is also not possible. Some jurists have rejected the ‘awl for its contradiction to jurists’ principles and considered diminishing (naqṣ) in the assets shares of a particular group of sharers as a solution. This research using description and analysis by referring to library sources analyzes the inheritance share of triple categories of brothers and sisters in the Holy Qur’an and concludes that if the stronger category gets priority over the weaker one and it becomes a base for giving shares to heirs, there is no need to refer to awl rule. https://mfu.uok.ac.ir/article_62427.htmlawlheirinheritance share. |
| spellingShingle | Muhammad Abu Najmi Efficacy of the Categories of Heirs in Fulfillment of ‘Awl (Increase or Decrease in Inheritance Share); A Comparative Study of the Jurisprudence of Islamic Sects مطالعات تطبیقی فقه و اصول مذاهب awl heir inheritance share. |
| title | Efficacy of the Categories of Heirs in Fulfillment of ‘Awl (Increase or Decrease in Inheritance Share); A Comparative Study of the Jurisprudence of Islamic Sects |
| title_full | Efficacy of the Categories of Heirs in Fulfillment of ‘Awl (Increase or Decrease in Inheritance Share); A Comparative Study of the Jurisprudence of Islamic Sects |
| title_fullStr | Efficacy of the Categories of Heirs in Fulfillment of ‘Awl (Increase or Decrease in Inheritance Share); A Comparative Study of the Jurisprudence of Islamic Sects |
| title_full_unstemmed | Efficacy of the Categories of Heirs in Fulfillment of ‘Awl (Increase or Decrease in Inheritance Share); A Comparative Study of the Jurisprudence of Islamic Sects |
| title_short | Efficacy of the Categories of Heirs in Fulfillment of ‘Awl (Increase or Decrease in Inheritance Share); A Comparative Study of the Jurisprudence of Islamic Sects |
| title_sort | efficacy of the categories of heirs in fulfillment of awl increase or decrease in inheritance share a comparative study of the jurisprudence of islamic sects |
| topic | awl heir inheritance share. |
| url | https://mfu.uok.ac.ir/article_62427.html |
| work_keys_str_mv | AT muhammadabunajmi efficacyofthecategoriesofheirsinfulfillmentofawlincreaseordecreaseininheritanceshareacomparativestudyofthejurisprudenceofislamicsects |