Dependency issues nicknamed in inheritance - a comparative study - | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 14, Volume 10, Issue 39 part 1, November 2021, Pages 340-384 PDF (1.09 M) | ||
| Author | ||
| Nashwan Zaki Suleiman | ||
| Mosul University/College of Law | ||
| Abstract | ||
| The majority of Islamic jurisprudence goes to explicitly adopting the provisions of the dependency when the heirs of the hypotheses compete in the inheritance issue that results in an increase in the shares of their assumptions from the original issue, and this is due to the fact that the dependence achieves fair justice for all the owners of the assumptions when the deficiency falls on all their shares in proportion to their homework, while denied Al-Awl Ibn Abbas, may God be pleased with him, and those who followed him from among the Muslim jurists and did not act upon it, arguing with the apparent meaning of the verses of inheritance, and that if the inheritance is attached to rights that do not meet the inheritance, and the obligations are narrowed, the stronger and the stronger, such as preparation, debt and the will, and the inheritance with them does not deviate from this rule, because the owners of In their view, the strongest obligations that are not inherited by hardship in any case, such as the mother and the spouses, and they give precedence to daughters and sisters from the mother over sisters from the parents or from the father, and make the rest of their arrows for them.The majority of the Arab personal status laws, including the laws under study, have taken the provisions of the dependency in agreement with the view of the majority of jurists in dividing the issues of reliance. Reliance is one of the applied arithmetic inheritance issues in the division of estates, but it stipulated some issues of nicknamed trust, and among these issues of inheritance were the issues of Al-Mubahala and Al-Minbariya. | ||
| Keywords | ||
| Awwal; ereditary issues; owners; nicknamed of assumptions | ||
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