Muslim Law

An Historical Introduction to the Law of Inheritance

Alexander David Russell

• Publisher: Routledge
• Year: 2013
• eBook ISBN:
  9781135029654
• Topic: Theology & Religion
• Subtopic: Islamic Theology

This volume, originally published in 1925, outlines the historical development of the Muslim law of inheritance in pre-Islamic Law. It discusses the ranking of heirs and guardians, reforms introduced by Muhammad, subsequent development of the law, and rise of the orthodox schools.

CONTENS TO VOLUME I

BOOK I
OUTLINES OF THE HISTORICAL DEVELOPMENT OF THE LAW

CHAPTER I
INHERITANCE IN THE PRE-ISLĀMIC LAW

§ 1. ASSISTANCE DERIVED FROM ANTHROPOLOGY IN THE INQUIRY

Note 1. Aḥūdīth and genealogies not always reliable; mother-kin, not father-kin, the ancient tribal bond; different schools among modern European critics.

n. 2. Writers to whom the authors are specially indebted.

§ 2. HUMID CLIMATE AND FERTILITY OF ARABIA IN TIMES SUCCEEDING LAST GLACIAL PERIOD

n. 1. Division of the population into akl al-ḳurū and akl al-bādiyah.

§ 3. ARABS NOT A PRIMITIVE BUT A CIVILIZED RACE REDUCED TO BARBARISM

n. 1. Yaman, wealth of, in earlier times, and effeminacy of people.

n. 2. Reason for passing by the Code of Hammurabi.

§ 4. TOTEMISM, MATRIARCHALISM, AND POLYNDRY, TRACES OF IN LATER TIMES

n. 1. Reference to authorities.

§ 5. TOTEMISTIC ORIGIN OF ARAB TRIBES

n. 1. Zapletal's attack on Professor Robertson Smith's conclusions.

n. 2. Robertson Smith's tests of existence of totemism, and proofs.

§ 6. DEVELOPMENT OF TRIBES FROM MATRIARCHY ON WARDS.

n. 1. Relations of totemism and exogamy.

§ 7. AMMIANUS ON MARRIAGES OF THE SARACENS.

n. 1. Difference and similarity between Roman and Arab law as to dower.

n. 2. Brother, uncle, etc. , as protector of women under matriarchy.

n. 3. Marriages of Salmā bint ‘Amr b. Zayd and Hāshim b. ‘Abd Manāf; examples of matriarchal tribes.

n. 4. Matriarchy belongs properly to times of prosperity.

§ 8. STRABO ON MARRIAGES IN ARABIA FELIX

n. 1. Ab, various meanings of.

n. 2. ‘Ā’ish's account of pre-Islāmic marriages.

n. 3. Nikāḥ al-istibḍā‘ gives father-kin.

§ 9. PATRIARCHAL MONANDRY, POSITION OF WOMEN UNDER

n. 1. Children of prostitutes affiliated to a father.

n. 2. Polygamy and concubinage, commonness of.

n. 3. Capricious repudiation, checks upon.

n. 4. Captive wives treated like women of the tribe; stricter enforcement of chastity under patriarchy; doubt whether material position of women greatly prejudiced; free wives had separate property.

n. 5. Kuraysh; women said to be the best wives.

n. 6. Mut‘ah marriages, reference to literature regarding.

§ 10. THE EFFECT OF POLYANDRY UPON MEN; QUALITIES OF THE BADAWĪ; CRUELTY TO WIVES; ATTITUDE TOWARDS CHILDREN

n. 1. Doughty on Arab character.

n. 2. ‘Daughters taken to their mothers’; poverty the cause of female infanticide.

n. 3. Ferocious jealousy by husbands.

n. 4. Practice of ‘azl.

n. 5. High-flown erotic sentiments in early Arabian poetry.

n. 6. Defence of women a point of honour.

n. 7. Jealousy on the part of the husband a marital duty.

n. 8. Paternal and filial affection among the Arabs.

§ 11. DISTINCTION BETWEEN TRIBESMANSHIP AND RIGHTS OF PROPERTY; GUARDIANS TO ORPHANS; FREQUENT MENTION OF; POSSIBILITY OF WOMEN ENJOYING RIGHTS OF OWNERSHIP THROUGH GUARDIANS; AN EXAMPLE OF THIS

n. 1. Matriarchy does not involve actual female rule.

n. 2. Walāyah, importance of.

n. 3. Walāyah over women.

n. 4. Creation of special trusts.

n. 5. Duties of fathers acting as guardians.

§ 12. UNDER MATRIARCHY, WOMEN NOT ABSOLUTELY INDEPENDENT; BUT COULD TAKE AN INHERITANCE

n. 1. Distinction between walāyat al-nikāḥ and walāyat al-umūr.

n. 2. Limitation on women's power of disposing of property; a woman cannot give her slave or freedwoman in marriage.

n. 3. Encouragement given to strangers.

n. 4. Inaptitude of townspeople for nomadic life,

n. 5. Women under matriarchy must rely on male relatives.

§ 13. UNDER PATRIARCHAL POLYANDRY FAMILY COMMUNISM WOULD PREVAIL

n. 1. Community in women does not imply community in property; division of booty and blood-wit ancient; individual property amon...

Table of contents

• Cover
• Half Title
• Full Title
• Copyright
• Dedication
• Preface
• CONTENTS TO VOLUME I BOOK I OUTLINES OF THE HISTORICAL DEVELOPMENT OF THE LAW
• CHAPTER I INHERITANCE IN THE PRE-ISLĀMIC LAW
• CHAPTER II RANKING OF HEIRS AND GUARDIANS IN THE PRE-ISLĀMIC LAW
• CHAPTER III REFORMS INTRODUCED BY MUḤAMMAD
• CHAPTER IV SUBSEQUENT DEVELOPMENT OF THE LAW, AND RISE OF THE ORTHODOX SCHOOLS
• ERRATA (pp. 1–176)