The maintenance of Ancestors (A comparative study) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 34, Volume 13, Issue : 2 part 1, September 2023, Pages 991-1028 PDF (851.86 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.142054.1041 | ||
| Author | ||
| فراس جرجيس الخاتوني* | ||
| جامعة الموصل | ||
| Abstract | ||
| The maintenance of ancestors is a subject of controversy in Islamic jurisprudence and positive law in terms of the following issues: The first issue is the concept of ancestors; The majority of jurists defined it in a broad concept, which is what we preferred. The Malikis defined it in a narrow sense. The Iraqi law adopted the narrow concept, while the Egyptian law adopted the broad concept, while the Tunisian law took a special position. The second issue is the conditions for the maintenance of ancestors; The conditions agreed upon are the poverty of ancestor and the left of the branch, but the Malikis restricted the left with money only. The Hanbalis stipulated that the branch be inherited. We have preferred the Hanbali school of thought for its fairness. The laws under study were taken under the agreed terms. The third issue is the conflict between ancestors over maintenance. The fourth issue is the conflict between the branches, determining who is assigned to them, and how to distribute the amount of maintenance imposed on the branches in case there are many of them. There are other issues: the amount of maintenance for the ancestors, As well as the reasons for the fall of ancestral maintenance. Finally, the issue of the punishment of the one charged with maintenance when he refuses to spend. | ||
| Keywords | ||
| concept,,; ,،conditions,,; ,،brunches,,; ,،jurisprudence - law - conflict - poverty | ||
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