The Role of Pre-Islamic Customs in the Islamic Law of Succession

Abstract

Islamic law of succession emanates from the Qur'an. This chapter aims to make an analysis of the pre-Islamic customs which seem to some extent to be prevailing in succession. In the pre-Islamic period there was no right for the spouses to inherit to each other. Islam has brought a new era by fixing apportionments for the spouses. Basically the right of inheritance for the spouses results from the capacity of the Qur'anic share. Under the pre-Islamic customs the strongest heirs were the agnatic male descendants. The pre-Islamic customs made the agnatic male ascendants entitled to inherit where there was no agnatic male descendant. Under the pre-Islamic customs the male collaterals were entitled to inherit in the absence of agnatic male descendants and agnatic male ascendants. The pre-Islamic customs gave preference to the agnatic male descendants in matters of succession of the deceased's estate. But the Qur'an has fixed entitlements for daughters.