THE PROBLEMATICS OF JAD MAAL IKHWAH: PERSPECTIVES OF IBN ABBAS AND ZAID IBN TSABIT

Abstract

Jad maʿal ikhwah refers to an inheritance issue that arose after the death of the Prophet Muhammad, particularly during the caliphate of ʿUmar ibn al-Khaṭṭāb. In this case, full siblings and the paternal grandfather are two heirs who claim a share of the inheritance. According to the science of farāʾiḍ, only one of these parties is entitled to inherit, while the other is excluded. Both are considered ʿaṣabah heirs, meaning they are entitled to the residual estate after the fixed shares have been distributed. Ibn ʿAbbās held the view that only the grandfather is entitled to inherit in such cases, whereas Zayd ibn Thābit argued that both the grandfather and the full siblings are entitled to share the inheritance. This study employs qualitative and normative analysis of legal norms and juristic opinions found in both classical and contemporary fiqh texts. The findings indicate that the view of Zayd ibn Thābit, which grants inheritance rights to both the grandfather and the full siblings simultaneously, has been widely accepted by jurists and remains relevant in contemporary contexts.