close
test_template

Historical Background of Islamic Law

Human-Written
download print

About this sample

About this sample

close
Human-Written

Words: 641 |

Page: 1|

4 min read

Published: Oct 17, 2018

Words: 641|Page: 1|4 min read

Published: Oct 17, 2018

To understand the Islamic law of succession as a whole it is useful to first consider the system of succession that operated within the Arabian Peninsula prior to the revelation of the Quranic Injunction on succession. Although we do not have the exacts details of the system that operated prior to the Quranic revelations, we do not know that the system of inheritance was confined to the male agnates relatives of the deceased.[1]

The object and purpose of the old customary system of inheritance amongst the Arabs was the maintenance of the goods within the family. Heirship amongst the early Arabs was determined by consanguinity, adoption or contract. Like other ancient societies, the old Arab society enjoyed the complete freedom of testamentary disposition.
In the old customary system, women not only had no share in the inheritance they themselves like other ancient systems were themselves inheritable. Uterine relations such as uterine siblings were also completely excluded.

Amongst the male agnates, there were rules of priority, which determined which of the surviving male agnates were entitled to inherit. It is likely that the rules of priority that operate amongst the ‘Asabah in Shari’ law are a carryover of the old customary agnatic system.[2]

By specifying clear cut entitlement and specific shares of female relatives Islam not only elevated the position of women but simultaneously safeguard their social and economic interest as long ago as 1400 years. The Islamic system of inheritance also has the effect of breaking up the concentration of wealth amongst a few hands, thereby ensuring the socio-economic welfare of the society at large.

The Malacca Sultanate has been considered by historians as the climax of the Malay-Islamic civilization of that era.it had no comparison in the Malay Archipelago. Unfortunately, this civilization which was nurtured for more than a hundred years failed to leave behind much of her intellectual heritage to the later generation.

The Malay-Islamic intellectual heritage only existed after the Malacca Sultanate fell to the Portuguese in 1511. [3]The book Sejarah Melayu, considered as a book of great value and importance, was written in 1612, by Tun Seri Lanang, the then Bendahara of Johore. As a scholar of that era, he realized the importance of having these intellectual heritages written down. With great diligence and in earnest, he eventually succeeded in compiling the facts and information despite the limited sources of the reference and being under pressure, as he was then a prisoner of the Sultan of Acheh.

According to the Sejarah Melayu, Malacca was the center of learning and the propagation of Islam in the religion. [4]Many renowned scholars and treatises were mentioned in the annals. Besides that, events such as the parading of the books around the Malaccan townships were proof of the Sultans and public recognition of intellectual works. However, almost all the treatises cited in the Annals could no longer be found today. No attempts had been made to trace them to their original sources, for example, in their original languages such as Arabic, Persian or Hindi.[5]

Besides the Sejarah Melayu, two other books which discussed the customs and traditions of the Malays of that era have been found. They were the Hukum Melayu Melaka and the Undang-Undang Laut. However, both books were not mentioned in the Sejarah Melayu.

The above two books were very important to researchers as they provided and the achievements of the time. Both books also helped researchers comprehend the information mentioned in the Sejarah Melayu and at the same time provided clues that could help them measure the level of intellectual activities of that era.[6]

Get a custom paper now from our expert writers.

It can be observed that the scholars of that era were fluent in Arabic. The Sejarah Melayu related an event where a book entitled Arranged Jewel, written in Arabic, was taken to Malacca from Mecca and translated into Malay in a very short time.

Image of Dr. Charlotte Jacobson
This essay was reviewed by
Dr. Charlotte Jacobson

Cite this Essay

Historical background of islamic law. (2018, October 17). GradesFixer. Retrieved November 2, 2024, from https://gradesfixer.com/free-essay-examples/historical-background-of-islamic-law/
“Historical background of islamic law.” GradesFixer, 17 Oct. 2018, gradesfixer.com/free-essay-examples/historical-background-of-islamic-law/
Historical background of islamic law. [online]. Available at: <https://gradesfixer.com/free-essay-examples/historical-background-of-islamic-law/> [Accessed 2 Nov. 2024].
Historical background of islamic law [Internet]. GradesFixer. 2018 Oct 17 [cited 2024 Nov 2]. Available from: https://gradesfixer.com/free-essay-examples/historical-background-of-islamic-law/
copy
Keep in mind: This sample was shared by another student.
  • 450+ experts on 30 subjects ready to help
  • Custom essay delivered in as few as 3 hours
Write my essay

Still can’t find what you need?

Browse our vast selection of original essay samples, each expertly formatted and styled

close

Where do you want us to send this sample?

    By clicking “Continue”, you agree to our terms of service and privacy policy.

    close

    Be careful. This essay is not unique

    This essay was donated by a student and is likely to have been used and submitted before

    Download this Sample

    Free samples may contain mistakes and not unique parts

    close

    Sorry, we could not paraphrase this essay. Our professional writers can rewrite it and get you a unique paper.

    close

    Thanks!

    Please check your inbox.

    We can write you a custom essay that will follow your exact instructions and meet the deadlines. Let's fix your grades together!

    clock-banner-side

    Get Your
    Personalized Essay in 3 Hours or Less!

    exit-popup-close
    We can help you get a better grade and deliver your task on time!
    • Instructions Followed To The Letter
    • Deadlines Met At Every Stage
    • Unique And Plagiarism Free
    Order your paper now