Studies in Arabic Language and Poetry, Hadit, Tafsir, and Fiqh: Notes on the Origins of Islamic Law
Discusses the origins of diverging views on the interpretation of kalala, drawing on early poetry, the works of lexicographers and grammarians, Hadith, Qur’anic commentary, and numerous works of jurisprudence.
Part of the JAIS Monographs seriesThe term kalala (meaning leaving no parents or children as heirs) occurs twice in the Qur’an. Wide divergences exist regarding its interpretation both in translations of the Qur’an and amongst scholars, while dictionaries generally pass over its technical meaning.This book discusses the origins of these diverging views regarding collateral inheritance, drawing on early poetry, the works of lexicographers and grammarians, Hadith, Qur’anic commentary, and numerous works of jurisprudence. It demonstrates how the particular interpretation of the term kalala by the law schools enabled jurists to create new rules in areas of inheritance law that were not covered by Qur’anic provisions and which may not correspond to the original intention of Muhammad.