A Comparative Legal Study of Inheritance Laws in Islam, Judaism, and Christianity

Abstract

Background and Objectives: Inheritance rules in the Abrahamic religions, beyond regulating the transfer of property after death, reflect each religion’s family structure, system of financial responsibility, and underlying social values. The objective of this study is to conduct a comparative examination of inheritance laws in Islam (with particular emphasis on Hanafi jurisprudence), Judaism, and Christianity, and to elucidate their fundamental similarities and differences with regard to the allocation of shares, protection of family members, and mechanisms for resolving conflicts among heirs’ shares.

Methodology: This research adopts a library-based and documentary analytical approach. Data were collected from primary sources (the Holy Qur’an, the Torah, and selected Christian texts), as well as authoritative juristic and legal works, and were comparatively examined through a descriptive–analytical framework.

Findings: The findings indicate that in Islam, the determination of fixed and clearly defined shares for heirs, together with the limitation of testamentary disposition to one-third of the estate, establishes an orderly framework for safeguarding heirs’ rights and reducing familial disputes. Within Hanafi jurisprudence, principles such as ʿawl (adjustment in cases of overlapping shares) and radd (the return of surplus shares in the absence of agnatic heirs) play a significant role in completing the computational system of the law of inheritance (farāʾiḍ). In the absence of agnatic heirs, these mechanisms may enhance the shares of Qur’anic heirs, including women. In Judaism, priority given to patrilineal transmission of property and the precedence of sons in the classical model are prominent; nevertheless, mechanisms such as the ketubah and family financial obligations serve protective functions for women and daughters. In Christianity, a binding religious system for the allocation of material inheritance is less evident; the distribution of estates is generally delegated to wills and civil laws, while theological discourse places greater emphasis on the concept of “spiritual inheritance.”

Conclusion: The study concludes that the Islamic inheritance system—particularly within the framework of Hanafi jurisprudence—demonstrates greater structural comprehensiveness and efficiency due to the transparency of shares, the orderly computational structure, and mechanisms designed to limit conflicts. At the same time, in Jewish and Christian traditions, legal developments and civil instruments play a decisive role in aligning inheritance rules with contemporary social needs.