أثر تحديد زمن الوفاة في ثبوت الميراث في الفقه الإسلامي و القانون الجزائري

الملخص EN

This research studies the relationship of determining the time of death to establishing the inheritance in Islamic jurisprudence and Algerian law.

It aims to explain the legitimate medical methods for determining the time of death, and to indicate the importance of this matter in establishing or preventing inheritance.

It also aims to clarify the effect of doubt at the time of death in matters of inheritance, and to differentiate between real and judgmental death and the effect of each of them on proving inheritance.

Among the most important results of the research is that determining the time of death has a significant and effective effect on inheritance issues; the division of the legacy depends on it.

The relationship between determining the time of death and confirm or prohibited of inheritance is manifested in two criteria.

The first is that a person's money not divided unless the time of his death is determined either by inspection or by judgment.

The second is that whoever proven to have died before this dead person does not inherit from him even if he died a few minutes before him.

If there is doubt about the one who died before the other, preventing the inheritance of each other.

In addition, the issue of determining the time of death has a relationship with proving the inheritance of the fetus.

If he was born alive and then died proved his share of the legacy, and if he was born dead, he is prevented from inheriting