Matters of Inheritance and Its Solution through the Principles of Adab al-Ikhtilaf in the Light of Islamic Teachings
DOI:
https://doi.org/10.63878/aaj1261Abstract
This article discusses the problems surrounding inheritance issues in Islamic law and offers solutions based on the classical doctrine of Adab al-Ikhtilaf (manners of disagreement). Islamic inheritance laws are well-represented in the Qur'an and interpreted in Hadith and jurisprudence (fiqh), but conflicting interpretations among the schools of thought have created pragmatic obstacles to implementation. These differences are usually the result of sound hermeneutical methods, linguistic subtlety, or contextual difference. The doctrine of Adabal-Ikhtilaf, promoting respect, tolerance, and cohesion in spite of juristic divergence, is an essential scaffolding to constructively resolve these disputes. This article initially outlines the sources of Islamic inheritance law as well as the typology of juristic disagreement. It proceeds to provide a historical and analytical overview of disputes over inheritance, their significance in modern Muslim communities, and how Adab al-Ikhtilaf can be used to guide their resolution. Through classical texts and contemporary case studies, the research illustrates that following ethical disagreement can lead to more harmonious legal resolutions and inter-sectarian cohesion.
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