Revisiting the classical Islamic jurisprudence with the Advance in Modern Medicine and Technology (An applied study on "Inheritance by Estimation and Anticipation" in the Islamic law of Inheritance)

Abstract

Through an analytical method, this paper emphasizes the role of modern medicine and the advance in technology in reshaping the “inheritance by estimation and anticipation” in the classical Islamic law of inheritance. Main areas of concentration include: determining the sex of the hermaphrodite, the sex of the fetus/fetuses and their numbers during pregnancy. In addition to these is determining the sequence of the death of individuals in a disaster involving the same heirs, such as those killed by drowning, ship wreck, fire, and the like. These are very important factors which greatly affect the decisions on inheritance of the heirs when any of the above circumstances occurs, only that these factors were all treated based on anticipations and estimations in the classical Islamic jurisprudence of inheritance, with difficulties in achieving accurate measures to unravel these circumstances. In order to achieve a more relevant and practical application of the classical Islamic jurisprudence of inheritance, this article works on updating the anticipations and assumptions mentioned earlier. Rulings which were based on presumptive interpretations were treated with a balance between the principles of Islamic law and the discoveries in modern medicine. However, the rulings which were based on definitive interpretations were not the area of concern.