Inheritance in Mass Casualty Incidents: From Rule to Exception (A Jurisprudential-Comparative Study)

This research investigates the issue of inheritance in mass casualty events where the order of death is uncertain. This paper analytically and critically examines the possibility of extending the legal ruling concerning two scenarios—drowning and destruction (as explicitly stated in the texts)—to similar contemporary mass death incidents, such as traffic accidents, airplane crashes, and natural disasters. The study employs a comprehensive scientific methodology, including the analysis of religious texts, the review of jurisprudential opinions (both historical and contemporary), and the examination of legal reasoning (usul), with an emphasis on establishing the legal criteria. The findings indicate that extending the ruling to similar cases, based on the underlying cause (i.e., genuine uncertainty in the order of death), is the predominant view. This extension is contingent upon the fulfillment of fundamental criteria, including: uncertainty arising from the nature of the incident itself, proximity in the timing of deaths, the cause being external to the deceased’s will, and the existence of a legitimate cause for inheritance. Furthermore, this research concludes that such an extension fulfills the objectives of Sharia in preserving the rights of heirs and preventing injustice towards them. It aligns with general principles such as “The nearer are more deserving of kindness” (Al-Aqrabu Awla bil-Ma’ruf) and responds to contemporary exigencies with the diversity of mass death events. Nevertheless, it is emphasized that the opinion advocating for suspension of judgment, when certainty of extension is not achieved, remains a legitimate option. Practical application must be undertaken with careful ascertainment of the conditions of uncertainty and the criteria for inheritance.