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Essay / Historical context of Islamic law
To understand Islamic inheritance law as a whole, it is helpful to first consider the system of inheritance that operated in the Arabian Peninsula before the revelation of the Qur'anic injunction on succession. Although we do not have the exact details of the system that operated before the Quranic revelations, we do not know that the inheritance system was reserved for male agnates who were relatives of the deceased.[1]Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get the original essay The object and purpose of the ancient system of customary inheritance among the Arabs was the maintenance of property within the family. Inheritance among the early Arabs was determined by consanguinity, adoption or contract. Like other ancient societies, ancient Arab society enjoyed complete freedom of testamentary disposition. In the old customary system, not only did women have no share in inheritance, but they themselves were hereditary, as in other ancient systems. Uterine relationships such as uterine siblings were also completely excluded. Among male agnates, there were rules of priority which determined which of the surviving male agnates had the right to inherit. It is likely that the priority rules in force in the “Asabah in Shari” law are a legacy of the ancient customary agnatic system.[2] By specifying clear rights and specific shares of female kinship, Islam not only elevated the position of women. while simultaneously protecting their social and economic interests for 1400 years. The Islamic system of inheritance also has the effect of breaking the concentration of wealth in a few hands, thereby ensuring the socio-economic well-being of society as a whole. The Malacca Sultanate has been considered by historians to be the high point of the Malay Islamic War. civilization of that time. It had no comparison in the Malay Archipelago. Unfortunately, this civilization which developed for more than a hundred years failed to leave much of its intellectual heritage to the next generation. The Malay-Islamic intellectual heritage existed only after the fall of the Malacca Sultanate to the Portuguese in 1511. [3]The Sejarah Melayu book, considered a book of great value and importance, was written in 1612 by Tun Seri Lanang, then Bendahara of Johore. As a scholar of that era, he realized the importance of writing down these intellectual legacies. With great diligence and seriousness, he finally managed to compile the facts and information despite the limited sources of reference and despite the pressure, as he was then a prisoner of the Sultan of Acheh. According to the Sejarah Melayu, Malacca was the center of learning and spreading Islam in religion. [4]Many renowned scholars and treatises have been mentioned in the annals. Furthermore, events such as the parade of books in the townships of Malaccan were a demonstration of the sultans and the public recognition of intellectual works. However, almost all of the treatises cited in the Annals are no longer available today. No attempt has been made to trace them back to their original sources, for example in their original languages such as Arabic, Persian or Hindi.[5] Besides the Sejarah Melayu, two other books dealt with the customs and traditions of the Malays of this region. era were found. These were Hukum Melayu Melaka and Undang-Undang Laut. However, the two books were not mentioned in the Sejarah Melayu. The above two books were very important to researchers because they presented the.