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Salih al-Fawzan

01 — The Big Picture: The Science of Faraidh and Shaykh Salih al-Fawzan

Opening chapter: the whole picture of Islamic inheritance law on one screen, who Shaykh Salih al-Fawzan is, the two books of his that form the backbone of this bundle, and what sets this bundle apart from its twin bundle, Ibn Uthaymin.

The science of faraidh in one paragraph

Faraidh is the science of who inherits, who is blocked, and how large each share is. Its numbers (1/2, 1/4, 1/8, 2/3, 1/3, 1/6) are set directly by the Qur’an in three verses — An-Nisa 11, 12, and 176 — and then operated by one key hadith: “Give the shares of inheritance to those entitled to them; whatever remains goes to the nearest male” (Bukhari no. 6732, Muslim no. 1615). Fixed shares first, the remainder to ‘ashabah — the entire science is a working-out of those two steps.

Who Shaykh Salih al-Fawzan is

Salih ibn Fawzan ibn Abdillah al-Fawzan (born 1354 AH / 1935 CE, Qassim, Saudi Arabia) is a member of the Council of Senior Scholars (Hay’at Kibar al-Ulama) and the Permanent Committee for Fatwa (al-Lajnah ad-Da’imah), one of the most senior living scholars of fiqh. For faraidh, two of his works serve as the references for this bundle:

BookFormRole in this bundle
at-Tahqiqat al-Mardhiyyah fil-Mabahits al-FardhiyyahHis master’s thesis at the Faculty of Sharia, Imam Muhammad ibn Saud University, supervised by Shaykh Abd ar-Razzaq Afifi; published by Maktabah al-Ma’arif, Riyadh (297 pp.)Primary source — an academic and comprehensive treatment, including the most complete treatment of the grandfather-with-siblings (muqasamah) system
al-Mulakhkhash al-Fiqhi (Faraidh chapter)A practical two-volume fiqh summaryThe condensed version — for rules that need a quick formulation

What distinguishes al-Fawzan’s approach: academic completeness. at-Tahqiqat was written as a thesis, so each chapter lays out the various opinions, evidences, and each madhhab’s method of calculation in full — including parts that a condensed text (such as Tashil al-Faraidh) compresses or trims away through tarjih.

This bundle’s position relative to the Ibn Uthaymin bundle

These two Warismatika bundles are deliberately paired:

flowchart LR
  classDef utsaimin fill:#1e3a8a,stroke:#3b82f6,color:#dbeafe
  classDef fauzan fill:#134e4a,stroke:#14b8a6,color:#ccfbf1
  classDef sama fill:#713f12,stroke:#ca8a04,color:#fef9c3
  U["Ibn Uthaymin bundle<br/>Tashil al-Faraidh<br/>(condensed text + tarjih)"]:::utsaimin --> S["SAME core rules:<br/>furudh · 'ashabah · hajb ·<br/>'awl · radd · tashih"]:::sama
  F["al-Fawzan bundle (this one)<br/>at-Tahqiqat al-Mardhiyyah<br/>(comprehensive academic thesis)"]:::fauzan --> S
  F --> M["ADDED VALUE of this bundle:<br/>complete grandfather-siblings<br/>muqasamah system (al-Akdariyyah, al-mu'addah)<br/>+ comparison of both shaykhs"]:::fauzan

One thing to state honestly from the outset: on the biggest point of disagreement (grandfather together with siblings), the two shaykhs’ personal tarjih turns out to be the same — siblings are blocked by the grandfather (al-Fawzan states this in at-Tahqiqat, pp. 135–140). But at-Tahqiqat still teaches the full madhhab muqasamah system — the system used by the Maliki, Shafi’i, and Hanbali madhhabs, and by many courts and inheritance bodies worldwide — which is why this bundle is where that system gets worked through in full (chapter 08 and chapter 11), something the Ibn Uthaymin bundle deliberately skips because its tarjih makes that chapter moot.

The overall calculation flow (the same for every case)

The order of claims on the estate before inheritance: claims tied to the property itself → funeral costs → debts → bequest (max 1/3) → only then inheritance. After that, the standard procedure: identify the heirs → filter out impediments and hajb → distribute the fixed shares → remainder to ‘ashabah → correct for ‘awl / radd / tashih → convert to rupiah. The full procedure is in chapter 06.

The ruling on studying it

Fard kifayah (a communal obligation). Al-Fawzan — like faraidh authors generally — treats this science as special because its shares are fixed directly by revealed text and it concerns property, the place where family disputes most often break out.

Sources: at-Tahqiqat al-Mardhiyyah, Salih al-Fawzan (Maktabah al-Ma’arif, 1407 AH; online text); al-Mulakhkhash al-Fiqhi (Shamela 11811); Quran An-Nisa 11, 12, 176; Bukhari 6732 & Muslim 1615. Full list in 15-references.