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Increase of the shares ('awl) in inheritance

العَوْل

In the lexicon, 'awl is rising and increase; in inheritance it is the enlargement of the common base of the shares, so that each sharer's portion falls when the base cannot cover the fixed shares; it is a lawful practice 1 2. 'Umar was the first to apply it and the companions followed him; Ibn 'Abbas disagreed in the caliphate of 'Uthman, and his saying on the order of the shares is reported 2 3. The bases of the shares are seven, and the detail belongs to inheritance 3.

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Era
The Prophetic Era
Region
Global / Diaspora
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Development of law, theology and institutionsThe poor and the worker

Summary

In the lexicon, 'awl is rising and increase; in inheritance it is the enlargement of the common base of the shares, so that each sharer's portion falls when the base cannot cover the fixed shares; it is a lawful practice 1 2. 'Umar was the first to apply it and the companions followed him; Ibn 'Abbas disagreed in the caliphate of 'Uthman, and his saying on the order of the shares is reported 2 3. The bases of the shares are seven, and the detail belongs to inheritance 3.

People and things also explored

Land taken by force in war ('anwa) and its legal status· Immovable property, real estate (aqar) and its legal effects· The contract (aqd): elements, offer and acceptance, and its kinds· Swimming (awm) and the instruction to learn it· Consideration (iwad) in contracts, marriage, injury and damage· Biting and the liability for injury it causes (add)· Justice and uprightness (adl)· Contagion (adwa)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11943
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11944
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11945
Cite this page

islam.museum contributors. “Increase of the shares ('awl) in inheritance”. islam.museum, https://islam.museum/en/concept/awl/. CC BY-SA 4.0. Last updated 2026-10-23.

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Land taken by force in war ('anwa) and its legal status

In the lexicon, 'anwa is overpowering and seizure by force; as a term among the jurists it is what is taken from land in war by force and conquest, as against land taken by treaty. The jurists agree that movables taken in war are part of the spoils; they differ on land taken by force. The Hanafis hold that the imam chooses between dividing it and leaving its people on it for a land tax (kharaj), so that the army does not own it. The Malikis hold, in the preferred view, that it becomes an endowment for the Muslims. The Shafi'is hold that a fifth goes to the purposes named in the Qur'anic verse on spoils and the rest is divided among the fighters, unless they give it up for the public interest. The details are treated under «ghanima».