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- The Journal of the American Oriental Society
- Vol. 116 No. 3, July - July - July 1996
Diritto ereditario islamico delle scuole giuridiche ismailita e imamita.
Author | Stewart, Devin J. |
A by-product of many years of research in the field of inheritance law, this work presents an extensive collection of individual inheritance cases culled from the works Da a im al-islam, Kitab al-iqtisar, and Minhaj al-fara id by the famous Isma ili jurist al-Qadi al-Nu man (d. 363/974) and from the works of the well-known Imami scholars of hadith and law al-Kulayni (d. 329/941), Ibn Babawayh al-Qummi (d. 381/991), al-Shaykh al-Tusi (d. 460/1067), and al-Muhaqqiq al-Hilli (d. 676/1277). In a thorough and straightforward manner, Cilardo introduces the main topics treated under the rubric of inheritance law and then provides a number of cases in translation as illustrations of its workings in each sub-area. He has chosen to treat Isma ili and Imami law separately from Sunni, Zaydi, Z. ahiri, and Ibadi law because of their distinct features, particularly the rejection of the principles, generally accepted in non-Shi I law, of awl "proportional reduction," whereby inheritance shares are reduced proportionally if the sum of the fixed shares allotted exceeds the total inheritance, and ta sib "agnation," whereby residual funds are distributed among the agnate relatives (asabah) of the deceased. The result is a useful manual of Isma ili and Imami Shi I inheritance law and a good introduction to the intricacies of Islamic inheritance law in general, organized in nine chapters.
The first chapter treats general principles such as the rejection of awl and ta sib just mentioned, and the second treats...
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