The Islamic legislative derivation of inheritance laws -A critical study on the inputs of these scholars: I.Goldziher, N.J. Coulson, D.L. Oleary

Abstract

This study seeks to examine the veracity of the view adopted by three of the greatest scholars:   I.Goldziher, N.J. Coulson, and D.L. Oleary, which revolves around deriving the Islamic inheritance law from the law system of diverse religions and civilizations preceding Islam. And if there is a possibility for similarities or correspondences; between the systems of inheritance law, in Islam, and the systems that existed before its revelation. The study concluded that this point of view presented by the scholars is missing accuracy and objectivity, proven by the huge disparities between the Islamic inheritance law and the other inheritance laws known in the different religions and civilizations preceding Islam.

keywords: derivation, Islamic law (shariah), inheritance law, scholars.