Chapter on the Prescribed Shares (al-Farāʾiḍ)

Introduction

The term farāʾiḍ is the plural of farīḍa, which means “that which has been made obligatory and precisely apportioned.” The verb’s root, farḍ, conveys the sense of fixing and determining, and the word echoes the Qur’anic phrase “a specified, obligatory portion” (4:7).

The Prophet—may Allah bless him and grant him peace—called these rulings “farāʾiḍ” when he said, “Learn the farāʾiḍ and teach them to the people.”

In Islamic law, al-farāʾiḍ refers to the science that deals with distributing estates among those legally entitled to inherit.

Its chief source is the Quran, in the Almighty’s words: “Allah instructs you concerning your children…” (4:11–12). The Sunnah—such as the forthcoming hadith of Ibn ʿAbbās—and the consensus of the Muslim community likewise confirm its rulings in general.

Because money and its division arouse people’s desires—and because inheritance usually involves elders and minors, the weak and the strong—Allah, exalted is He, personally apportioned the shares in His Book, setting them out with clarity and detail so that no room would remain for caprice or personal opinion. He equalized the heirs’ portions in accordance with perfect justice, wisdom, and benefit known to Him alone, alluding to this with His statement: “You do not know which of them is closer to you in benefit” (4:11).

This is therefore a just division, built upon considerations of both public and private welfare.

As for the role of analogy (qiyās), expounding it here would take us beyond the purpose of this book and needlessly lengthen the discussion.