Exploring Alternatives to Traditional Inheritance in Shia Jurisprudence

Mohammad Mehryar

Amirhossein Khatami

Seyyedah Fatemeh Hashemi

 

Abstract: In Islamic law, inheritance rules are generally applied to individuals who have not explicitly managed the distribution of their property during their lifetime. However, various mechanisms exist to manage and control one’s estate during one's lifetime, preventing the automatic application of inheritance laws upon death. This article examines methods within Shia jurisprudence for managing property, offering alternative approaches to or modifications of traditional inheritance rules. A comparative analysis is conducted between Iranian and Egyptian legal systems to highlight the distinct approaches to property management. In Shia jurisprudence, one such method is the establishment of a waqf for the benefit of the family, enabling the perpetual management of property. Additionally, a sulh can be reached between heirs, permitting the division of the deceased’s property in a manner outside the scope of conventional inheritance laws. This study aims to elucidate how these practices, deeply rooted in Shia legal theory, may offer alternative approaches to inheritance. Additionally, it evaluates the potential for broader implementation of these practices through legal reforms, educational programs, and cultural initiatives.