Ashabah in Islamic Law of Inheritance: Ijtihād-Based Construction, Historical Context, and Contemporary Challenges of Justice

Abstract

Islamic inheritance law represents one of the most systematically structured domains within Islamic legal doctrine, yet it simultaneously constitutes a contested arena in modern legal and ethical discourse. One of the most debated concepts within this field is ashabah, a mechanism determining residuary heirs who receive the remaining estate after the allocation of fixed shares. This article aims to analyze the concept of ashabah in Islamic inheritance jurisprudence through normative, historical, and contemporary critical approaches in order to assess its relevance to principles of justice and public welfare in the modern era.
This study employs a qualitative method with a normative-critical orientation. Data are derived from a comprehensive literature review of primary sources, including the Qur’an, Prophetic traditions, and classical Sunni juristic texts across legal schools, as well as secondary sources consisting of contemporary academic literature on Islamic law, legal history, maqāṣid al-sharī‘ah, and gender justice. Analysis is conducted using textual, historical, and conceptual-analytical approaches to examine the construction and implications of ashabah.
The findings indicate that ashabah constitutes an ijtihād-based legal construct that played a significant functional role in the classical inheritance system but lacks explicit grounding in the Qur’an. The concept was shaped by the patrilineal social structure of early Arab society and legitimized through Prophetic traditions and the practices of the Companions. In practice, ashabah may generate distributive inequities, particularly affecting women, when applied without consideration of changing social contexts. Through a maqāṣid al-sharī‘ah framework, the study demonstrates that distributive justice and the protection of vulnerable groups must serve as primary benchmarks in evaluating inheritance law.
The study concludes that ashabah is not a final or immutable doctrine but remains open to contextual reinterpretation. The contemporary relevance of Islamic inheritance law depends on its capacity to realize justice and public welfare as its core objectives. These findings carry significant implications for the development of Islamic inheritance jurisprudence and the reform of Muslim family law.