Giving the veiled children of brothers and sisters | ||
| Journal of The Iraqi University | ||
| Article 1, Volume 2, Issue 33, October 2016, Pages 35-62 | ||
| Author | ||
| D. Adel Nasser Hussein | ||
| Abstract | ||
| The children of brothers and sisters may be obscured by brother, brother, brother, father or brother, or brother, and it is not their fault that their father died or their mother died in the life of the deceased and therefore they were withheld from the estate, even if their father or mother survived To take their father or their mother from the estate as it takes them to hide them when one of the parents. Perhaps their father or mother played a major role in creating the wealth of the gene or helping to make it, or perhaps the heir lived in the confines of their father or mother, who received care and affection because of poor health or old age. Then the estate goes to a brother or sister who may be present or exist outside the country or in one of the provinces to inform him or her of the case or the money of the inheritance and does not link anything except the relationship between the brothers but between them. Therefore, it seems that the justification for giving the children of the children of the obligatory will if they are withheld the children of the deceased is also here if the children of the brothers and sisters withhold the brothers and sisters. If we were there, we assumed the life of the deceased son or the deceased girl during the distribution of the estate, and then gave their share to their children as his guardian, provided that it is not more than one-third of the estate. Here too, the life of the deceased brother and deceased sister can be presumed during the distribution of the estate. Not to exceed one third of the estate. Or perhaps the sons of brothers and sisters may be obscured only because they are mercenaries, since the daughter of the brother can not inherit with the nephew and the daughter of the brother, the father can not inherit with the nephew of the father because the sons of the brethren or father of the gangs, (). Likewise, the daughters of the brothers and the children of the sisters do not inherit at all with the uncles, brothers or fathers or their children, because these are the sons and daughters of the brothers and the sons of the sisters who have the wombs, whereas the children of the brothers and sisters are the closest to the deceased. One of the oppressors of justice in the same country is if the deceased converts to the Jaafari sect, the sons of the brothers and sisters never hide the uncles and their children because the sons of the brothers and sisters are in second place and the children are in third place and those who were in second place in al-Jaafari's jurisprudence are those who were in third place. If the deceased converts to the Sunni sect, the uncles and their sons hide the daughters of the brothers and the children of the sisters, because the uncles are from the tribes and those with the wombs. Therefore, as a result of the rapprochement between the two doctrines, I see that these are given a mandatory commandment, but not by assuming the life of the deceased brother or the deceased sister during the distribution of the estate because the deceased brother or the deceased sister is not in the degree of close relatives of the brothers and sisters. Therefore, they can be given a third of the estate in all cases, if we can not assume the life of their father or their mother, but on condition that not more than one third of the inheritance is imposed on the share of those who hide it. Also, the share of the father or mother should not be less than one-third of the estate. We do not assign a third of the estate to Mahjoub, but we impose a sixth on him. It is worth mentioning that the decisions of the Court of Cassation make the scope of the application of the obligatory will on the death of the child male or female in the life of his father gives his children a share in proportion to his share not to exceed one third of the estate so is not worth the brother and his children if he died before the death of his brother because it is confined to grandparents and does not include (Relatives). | ||
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