Some peculiarities of the Law of Inheritance: The Formation of Imāmī and Ismāʿīlī Law
DOI:
https://doi.org/10.5617/jais.4559Abstract
The question of the caliphate or imamate and similarly that of the mutʿa marriage (Imāmīs) are generally seen as the deepest differences distinguishing Shīʿī law systems from those of the remaining law schools. Inheritance law, however, reveals an additional range of Shīʿī idiosyncrasies: the division of heirs by kin into classes, certain privileges of the eldest son, and certain disadvantages of wives with respect to some goods in their husband's estates. From a historical point of view, the analysis of these cases leads to some innovative conclusions about the origin and development of Imāmi and Ismaʿīlī doctrine, the influence of political elements on the law system, the question of the authenticity of the Zaydī Majmūʿ al-fiqh, and the dominance of practical considerations over strict legal rules.
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