Miras hukuku

Inheritance rules in Islamic law differ from other fiqh issues as a section of law, due to fewness of disputes. Because the texts about the inheritance law were revealed in detail, the Islamic sects did not have to go into any essential disagreements on this matter. Thus an system which was agreed by the majority was put forward. Nonetheless, in this inheritance system sometimes the sum of the shares can exceed the denominators. This problem, which was solved with the al-awliyyah system, can be the subject of the claim by atheists that there is a mathematical mistake in the Qur'an. With the use of the book No Error! In Qur’an which was written to show that there is no mistake in the Qur’an, a new calculation system has been created on the basis of the inheritance verses. As a matter of fact, the work, which is the product of the collective effort of a team from various professions and which was made within the range of the series of lectures called the Qur’an Lectures, has put forward a theory of inheritance that would void the claim in question. Nevertheless, the pros and cons of the proposed theory should be evaluated by an unbiased view in order to determine the deficiencies and mistakes, if there is any. In this article which was written for the above-mentioned purpose, firstly, introduction to the proposed system without any comment has been presented generally, and then an evaluation has been made which includes the positive and negative aspects of the system. The theory of inheritance proposed in the book No Error! In Qur'an is completely different from other inheritance systems adopted in the history of Islamic jurisprudence. Therefore, other systems were not predicated on in order to be objective while evaluating, and their set of norms were not followed. The theory was evaluated directly on the basis of its principles and norms; considerations such as whether the rulings of the theory are compatible with the referenced sources and other rulings of the theory were taken into account. Since the proposed inheritance system was created throughout the lectures on the Qur’an, the main point of the origin is the inheritance verses. According to the theory, Allah the Al-mighty dealt with the inheritance situations in precise order. So only when one situation ended, the other situation started. In addition, direct and indirect shares were divided due to the fact that Arabic prefix was found in some shares in the verses and was not found in the others. Accordingly, some shares are calculated over the entire inheritance, while some shares are calculated over what is left of other heirs. If these principles are implemented on the inheritance issues, there is no case in which the shares extend the heritage. From this stand point, it can be said that the theory undermines the claim that there is a mathematical error in the Qur'an. But it is also possible to criticize the theory in some respects. The direct-indirect separation of the shares, which is the core of the theory, is based on the claim that prefix min means partition. But it can be stated that this distinction is not accurate, because it does not correspond with the rules of the Arabic language, and it also contradicts with the meaning of the seventh verse of Surah an-Nisā. Over and above that, there are some situations which are in need of explanation. The use of the word walad in inheritance verses, that sometimes covers all children, and at times only the girl, is one of the aspects of the theory that could be criticized. In addition, if deceased had more than one wife, it was observed that as a result of giving shares to each of them separately, some heirs were destitute of any share. Lack of compliance of the conjunction letter in the 176th verse of Surah an-Nisā with the theory is also a reason that this system should be considered once again. In our opinion, the biggest problem that can occur if the theory is applied is the issue of increasing shares. In some cases in this system, there is a problem that a significant part of the inheritance increases and this increased part cannot be distributed to heirs. In the book, there is no satisfactory solution and explanation as to how to share the increased portion to the specified persons (relatives, orphans, poor). In the proposed system, sound prophetic traditions were not adequately considered, and many of them were ignored. In addition, due to the lack of information about the heirship of some heirs, it may be criticized that the system contains some gaps. The heritage system proposed in the book was subject to partial changes in its website and phone app versions. Although this new digital version, in which some grievances are eliminated, is relatively better, the basic logic remains as same as the system in the book and can be subject to the same objections. It can be stated that this work, which undoubtedly is a product of good intention, is not a systematic, consistent and practical theory.

Islamic Law, Islamic inheritance law, Farāidh, al-Awl, al-Awliyyah, Quran, Mathematical error
İslam hukuku, İslam miras hukuku, Ferâiz, Avl, Avliye, Kuran, Matematik hatası

Bu makalede Tuna Kaptanı Bıyıklı Ali Paşa (ö. 1698?) üzerinden Osmanlı toplumundaki çok eşlilik kurumu incelenmektedir. Ailenin yaşamöyküsü için en önemli kaynağı kadı sicilleri oluşturmaktadır. Rusçuk kadı sicillerinde çeşitli dava kayıtları bulunan Ali Paşa’nın aile hayatına dair izler söz konusu kayıtlardan takip edilmektedir. Bunlardan Paşa’nın mesleği, geliri, eşleri ve çocukları hakkında kişisel bilgiler elde etmek, vefatı sonrası murislere vasî tayini, nafaka uygulaması ve mehir talebi gibi davaların verilerine ulaşmak mümkündür. Çalışmada Ali Paşa’nın hayatı, ailesi ve çok eşliliği değerlendirilmekte, ayrıca terekesinin analizi ile mirasının paylaşımına dair vârisler arasındaki anlaşmazlıklar ele alınmaktadır. Araştırma kapsamında Osmanlı toplumunda çok eşlilik olgusu ve getirdiği aile içi ilişkiler, ekonomik ve sosyokültürel yönleriyle bir Osmanlı paşası üzerinden değerlendirilmektedir.