.....Inheritance Shares Do not Add Up.....

[هشيم]

What the objector did not know is the Islamic experts’ source of jurisprudence, which defines the judgments in Islamic law is: The Quran, the Sunnah, consensus and deductive reasoning.. The consensus and deductive reasoning originate from Quran and Sunnah..

A- The Quran and Sunnah have settled the case of (shares total add up) as the necessity of applying Allah’s law which is giving each one his or her own right as we have in prophet’s (Allah’s blessing and peace be upon him) speech: (allot the ordained quotas (statutory portions) to those who are entitled to receive it (to inherit)) narrated from Ibn Abbas in the Two Corrects and the meaning is: give the ordained quotas (statutory portions) to the entitled ones determined by Allah, the heirs; and the ordained quotas (statutory portions) defined by Allah: half, a quarter, eighth, two thirds, third and one-sixth.. and the word (allot-give-pass, ilhaq) here means what the companions agreed on because what is the factor of obligation becomes obligatory.. And this is a legal rule derived from the Holy Quran and Sunnah

B- Concerning the Islam experts says Ibn Qadama Al Muqdasi the Great imam the expert scholar: “This is the speech of all the companions and who followed them (May Allah be pleased with them).. till he says: we do not know any disagreement between contemporary experts about (add up of the total amount of shares) case . Praise be to Allah)

C- So this is the consistent and required standards that Allah legislated, to the Mohammedan nation, to be the source of excogitation- of what is not mentioned in specific- guided by the light of the legal texts themselves not to excogitate with tendencies and desires and mere opinions, and the standards (deductive reasoning) as Islam Shekh Ibn Taymya calls, he quoted it from Allah’s speech “It is Allah who has sent down the Book in truth and [also] the balance.” And deductive reasoning is like scales to balance between the section of occurring case and the fixed origins in the revelation texts… unless this case occurred and the companions gathered, what was supposed to be understood from the legal speech was going to be excogitating all the cases of having add up occurring in them because giving everyone’s right what is due to him without oppressing any one is not easy without saying it then it is legally will be decided on according to the origin of the standard as well, and to make it more clear if someone is indebted to two persons and each one demands him two thousand dinars.. and he does not have only one thousand dinars, they both go to the judge and the judge cannot find any of them more a head than the other one in any point and both in need of the money so he decided five hundreds to this one and another five hundreds to that one