INHERITANCE ii. Islamic Period [Inheritance in Islam and Shi‘ism]

The paper presents a concise but complete picture of the Islamic inheritance system. First the pre-Islamic agnatic inheritance law is presented. The Quranic reforms are then examined, the first of which concerned the institution of the “covenant of brotherhood” between “emigrants” (muhajirun) and “auxiliaries” (ansar). Following the abrogation of this “covenant”, the title giving right to inherit was again the kinship, no longer limited to agnatic relationship, but extended to some women. On this basis, the different law schools developed their own system. While each school retains its specificity, one can distinguish two major lines of interpretation: the one of the four Sunni schools and of the Ibadite, Zaydite and Zahirite schools, the other of Imamite and Isma‘ilite schools. These two major systems are presented in their main lines.