Konsep:Verse of Mutual Inheritance of Spouses
Verse of Mutual Inheritance of Spouses (Arabic: آیه تَوارُث زوجَیْن) is the 12th verse of Sura al-Nisa[1] concerning the method of calculation and the amount of inheritance of spouses.[2] It is said that this verse expresses rulings on which jurists of Shi'a and Sunni share the same opinion.[3] In the Verse of Mutual Inheritance, each of the spouses has the maximum and minimum share of inheritance from each other under certain conditions; if the spouses do not have children, they inherit the maximum share from each other, and if they have children, they take the minimum share. The maximum share of the husband is one-half and the minimum is one-fourth of the estate, and the maximum share of the wife is one-fourth and her minimum share is one-eighth.[4] "Walad" (child) in the verse includes both son and daughter[5] and "Zawja" (wife) in the verse refers to a permanent wife, not a temporary one, because a temporary wife neither inherits nor is inherited from.[6]
Templat:قرآن جدید Templat:قرآن جدید
In this verse, six rulings regarding inheritance are stated. These rulings apply after the payment of the will and the debt of the deceased. The rulings mentioned in the verse are:
- If the deceased wife had no children, half of her property goes to her husband.
- If the deceased wife had children, one-fourth of her property goes to her husband.
- If the deceased husband had no children, one-fourth of the property goes to his wife.
- If the deceased husband had children, his wife inherits one-eighth of the property.
- In case the heir of the deceased man or woman is his/her Kalala and they have one brother or sister (maternal), in this assumption, each of the brother or sister owns one-sixth of the inheritance.
- If the deceased had more than one brother and sister, all of them inherit one-third of the legacy equally.[7]
Catatan Kaki
- ↑ Maʿrifat, Tārīkh-i Qurʾān, 1384 Sh, p. 58.
- ↑ Ghafūrī, "Qānūn-i tawāruth-i zawjayn az dīdgāh-i Qurʾān-i Karīm", p. 58.
- ↑ Ṭūsī, Al-Tibyān, 1409 AH, vol. 3, p. 134; Ibn ʿAbd al-Barr, Al-Istidhkār, 2000, vol. 5, p. 328.
- ↑ Sura al-Nisa, verse 12; Nawawī, Al-Majmūʿ, vol. 16, p. 70.
- ↑ Majlisī, Rawḍat al-muttaqīn, 1398 AH, vol. 11, p. 209.
- ↑ Sharīf al-Murtaḍā, Al-Intiṣār, 1415 AH, p. 274.
- ↑ Sura al-Nisa, verse 12.
Daftar Pustaka
- Fayḍ al-Kāshānī, Muḥsin. Al-Tafsīr al-ṣāfī. Edited by Ḥusayn Aʿlamī. Tehran, Maktabat al-Ṣadr, 2nd edition, 1416 AH.
- Ghafūrī, Khālid. "Qānūn-i tawāruth-i zawjayn az dīdgāh-i Qurʾān-i Karīm". Faṣlnāma-yi Fiqh-i Ahl-i Bayt, no. 65, Spring 1390 Sh.
- Ibn ʿAbd al-Barr, Yūsuf. Al-Istidhkār. Edited by Sālim Muḥammad ʿAṭā & Muḥammad ʿAlī Muʿawwaḍ. Beirut, Dār al-Kutub al-ʿIlmiyya, 2000.
- Ibn Idrīs al-Ḥillī, Muḥammad b. Aḥmad. Al-Muntakhab min tafsīr al-Qurʾān wa-l-nukat al-mustakhraja min kitāb al-tibyān. Edited by Muḥammad Mahdī Mūsawī Kharāsān. Najaf, Al-ʿAtaba al-ʿAlawiyya al-Muqaddasa, 1429 AH.
- Majlisī, Muḥammad Taqī. Rawḍat al-muttaqīn fī sharḥ man lā yaḥḍuruh al-faqīh. Edited by Ḥusayn Mūsawī & ʿAlī Panāh Ishtihārdī. Bījā, Bunyād-i Farhang-i Islāmī, 1398 AH.
- Maʿrifat, Muḥammad Hādī. Tārīkh-i Qurʾān. Tehran, Samt, 1384 Sh.
- Mufīd, Muḥammad b. Muḥammad al-. Al-Muqniʿa. Edited by Muʾassisat al-Nashr al-Islāmī. Qom, Muʾassisat al-Nashr al-Islāmī, 2nd edition, 1410 AH.
- Nawawī, Yaḥyā b. Sharaf. Al-Majmūʿ fī sharḥ al-muhadhdhab. Bījā, Dār al-Fikr, n.d.
- Sharīf al-Murtaḍā, ʿAlī b. al-Ḥusayn. Al-Intiṣār. Edited by Muʾassisat al-Nashr al-Islāmī. Qom, Muʾassisat al-Nashr al-Islāmī, 1415 AH.
- Ṭabrisī, Faḍl b. al-Ḥasan al-. Tafsīr Jawāmiʿ al-jāmiʿ. Edited by Muʾassisat al-Nashr al-Islāmī. Qom, Muʾassisat al-Nashr al-Islāmī, 1418 AH.
- Ṭūsī, Muḥammad. Al-Tibyān fī tafsīr al-Qurʾān. Edited by Aḥmad Ḥabīb Qaṣīr ʿĀmilī. Bījā, Maktab al-Iʿlām al-Islāmī, 1409 AH.