Islamic inheritance jurisprudence
[1] The Qur'an introduced a number of different rights and restrictions on matters of inheritance, including what were at that time general improvements to the treatment of women and family life.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.[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.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.It has also been reported in Hadith that Muhammad allotted great importance to the laws of inheritance and ordered his followers to learn and teach them.[2] This amalgamation of old agnatic customs and Islamic law led to a number of problems and controversies that Muslim jurists have solved in different ways.[2] Through the use of deductive reasoning (Qiyas), Muslim jurists added three additional heirs: the paternal grandfather, maternal grandmother, and agnatic granddaughter.[1] In modern Muslim countries, usually a mixture of different schools of jurisprudence (including Shia) is in effect, in addition to a number of important reforms to the traditional system.[12][13] In seventeenth century Ottoman cities, such as Bursa, inheritance issues were commonly resolved in courts, with the defendants even being family members of women that were suing them.Additionally, Arab society traditionally practiced the custom of bride price or dower rather than dowry; i.e., the man paid a gift to his wife or her family upon marriage, rather than the opposite, placing a financial burden on men where none existed on women.[18] Al-Hassār, a mathematician from the Maghreb (North Africa) specializing in Islamic inheritance jurisprudence during the 12th century, developed the modern symbolic mathematical notation for fractions, where the numerator and denominator are separated by a horizontal bar.[19][20][21] In the 15th century, Abū al-Hasan ibn Alī al-Qalasādī, a specialist in Islamic inheritance jurisprudence, used characters from the Arabic alphabet as a mathematical notation system in algebraic equations.
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