Re-interpreting/writing the Inheritance Law: The Concept of Dependence: 4:12,4:176,16:76

[Onur Muftugil]

I want to offer a new interpretation of the Quran’s inheritance system with regard to collateral relatives. The issue is the word “kalala,” a word that occurs in 4:12b and 4:176. Commentators have been baffled by this word. (Just have a brief look at the competing definitions outlined by Agostino Cilardo: http://www.ecampus.com/quranic-term-kalala-studies-arabic/bk/9780748619160)  

The topic is important because inheritance is the mechanism by which wealth concentrates in the hands of the few; C.Wright Mills has found that 93 percent of the richest Americans have inherited their wealth, not earned it, see his The Power Elite. I would also recommend Jackie Stevens' States without Nations for a discussion of an utopian world without inheritance laws which privilege immediate family, especially the children of the deceased. Stevens' discussion of inheritance follows from a critique of Karl Marx. Contra Marx, it is not a person's relation to means of production but a person's relation to his ascendants that determines his wealth and power. Given these points, we can conclude that allowing wealth to pass to collaterals as opposed to (only) descendants leads to a more just arrangement of economic life. 

I ask here if these considerations can motivate a re-interpretation of the Quran's inheritance law. I see value in applying insights from social and political research to interpretation of a foundational and sacred text. Perhaps Muslim societies can increase their intellectual and moral aptitude as a result of such application.

I proceed from etymology of the word "kalala". I offer this as an attempt at legal reform. This is a reformist interpretation to ponder, especially with the goal of more egalitarian distribution of wealth in mind.

After  long research, I have found the following definition from Muhammad Husayn Tabatabei's commentary Al-Mizan- I think it is the best linguistic analysis of the word "kalala".

al-Kalalah' (الکلالة) is in fact a masdar which means to encompass; from it is derived al-iklil (الاکلیل = crown) because it encircles the head; also al-kull (الکل = whole, all, total) comes from it because it encompasses its parts; another derivative is al-kall (الکل = to be tired, dull); it implies a sort of wearisome encompassing against the one on whom he depends.

This definition is insightful because it accords with the Quran’s use of the same root- k,l,l- in the verse 16:76. In that verse, the meaning is someone who is dependent or a burden.

If one searches history of Quranic exegesis, one finds that there was a considerable debate about the question whether the word kalala refers to the deceased or his heirs.

I think it refers to the heirs of the deceased, not to the deceased himself. I think the word denotes two qualities of the heirs: 1) they are collateral inheritors(siblings, cousins, uncles and so on) AND/OR 2) they are dependents of the deceased, poor people who look to him or her for sustenance. In addition, I think the word’s meaning as dependent can be extended by means of practical reasoning (ijtihad) to disadvantaged people who have some connection to the deceased( gender and disability might factor in here).

On this basis, I offer the following translation of the kalala verses:

If a man or woman is inherited by collateral relations and/or dependents and he has siblings, then ….

On this interpretation, I make the following points.

1) Siblings are just a sub-category of kalala 2) Siblings are responsible to share their portion with the rest of kalala(cousins, uncles, aunts, servants, people who were dependent on the deceased) in a fair manner

3) If the deceased has no siblings but has other collaterals, these can claim the shares the verses allocate to the siblings

4) As a general rule, the Quran’s system of wealth distribution should be rendered as egalitarian and fragmented as possible. The Quran favors the increase of the shares of collaterals.( Consider that 4:176 discusses a condition(absence of a child) under which the shares of collateral relations increases) Collaterals can inherit even in the presence of direct ascendants or descendants. The conventional Islamic law of inheritance has to be reformed accordingly.