The terminology of the Jurisprudence (Fiqah)
Lesson # 1030 from Noble Quran
Surah ‘ANFAAL (SPOILS OF WAR) – Chapter – 8)
Stage – 2, Verse – 75 of 75, Section – 10 of 10 (Part - 10)
In the name of God, the Beneficent, the Merciful
75. And those who afterwards believed and left their homes and strove along with you, they are of you; and those who are akin are nearer to one another in the ordinance of Allah. Lo! Allah is Knower of all things.
75. Walla-ziina ‘aamanuu mim-ba’-du wa haa-jaruu wa jaahaduu ma-‘akum fa-‘ulaaa-‘ika minkum. Wa ‘ulul-‘arhaami ba’-zuhum ‘awlaa bi-ba’-zin- fii Kitaa-bIllaah. ‘InnAllaaha bi-kulli shay-‘in ‘Aliim.
It has been described in this verse that; those people who entered in Islam afterwards and believed, immigrated, came to Madinah and joined the earlier immigrants, helped them in their works and participated in their attempts and strife, they all are brothers one of another. Their internal and external relations are the same as of yours.
As if, the near relatives of previous immigrants come after accepting Islam and immigration, then they would be heirs of their relatives, and according to the Scripture of Allah Almighty (Holy Qur’an), which portion of kinsmen has been prescribed in the hereditary; the property of the dead person will be divided into them. Due to new brother-hood (among immigrants and inhabitants), they will not be deprived. A heritage will be distributed between the new brother-hood till such time; the actual kinsmen do not reach their relatives in Madinah after immigration. When they arrived at Madinah, then their right is at first priority in the portion of the deceased’s property. The legacy of the dead immigrant will be distributed among them only.
Everything is in the Knowledge of God Almighty, He knows it also that how the heritage should be divided and whose right is antecedent. On the basis of His Knowledge; He determined heirs of one another to the immigrants and the inhabitants (Muhajiriin and Ansaar) due to brotherhood.
After that, when kinsmen of the immigrants reached Madinah after immigration and joined them, then the original law about legacy was regularized. Therefore, the property of the dead person will be distributed in accordance with that law. And then; no one was authorized to decrease or increase any portion of heritage. However, if that individual, who is at the death’s door, does act of kindness with someone, he is entitled to do so up to one-third portion of his property. More than this portion of his last will; will be corrected and distributed according to the religious law.
‘Ulul-‘arhaami - (kinsmen, relatives), it is plural of zo-rihm. Rihm means “the womb, matrices, relations by the mother’s side”. Here; the aim from ‘ulul-‘arhaam is “those entire near relatives whose portion has been prescribed in the property of the person who has died and those who are given remaining property after distributing the portions to rightful heirs”. Those relatives and kinsmen are also called Zawil-‘arhaam. First kind of people is called Zawil-furuuz and the second is ‘Asbah. Actual aim from this verse is “these entire relatives”.
According to the terminology of the Jurisprudence (Fiqah), those relatives have been included in ‘ulul-‘arhaam too; who are not Zawil-furuuz or ‘Asbah. The detail about their portion or right in the heritage has been mentioned in the Books of Fiqah. Instructions about them can be known from there.