الرد في الميراث: بين الشريعة والقانون

الملخص EN

Praise be to Almighty Allah, and prayers and peace be upon His Messenger, Messenger's familyand companions: Inheritance (called Ālmyrāṯ) is one of the most important areas of Islamic jurisprudence alsocalled Al-Sharia, because knowing inheritance leads to the understanding of heritage, its objectivesand how to give the rights to the inheritors.

The Messenger (Prophet Muhammad, peace and blessings be upon him) encouraged people tolearn and teach it by saying: “Learn and teach its duties, for it is half of the knowledge, and it is easilyforgotten, and it is the first thing to be taken away from my nation.

”And he also said: (Learn its duties and teach them to the people, for I am a man who is going todie one day, and that its knowledge shall be fully comprehended until no two differ in its interpretationso that they find no one to rule between them)This area was called an obligation, because Allah (SWT) decreed it by Himself and did not delegatehis affair to a close angel or a prophet He sent, unlike the rest of duties, such as Prayer, Zakat, Fasting and Pilgrimage, but it is half of knowledge because it is proven by the text and nothingelse.

Thus, there is no room for analogy in it, like other which are interpreted by either text andsometimes by analogy and it was said that it is related to death, and other than it to life, which isinheritance, and other things are by choice, such as selling, buying, accepting gifts and bequests.

Refuting those with hypotheses is one of the issues of jurisprudence in which there is no textfrom the Holy Quran, the Sunnah, or a consensus.

Therefore, since the time of the Companions, wefind a disagreement between them, as some did not permit it while others did, as well as their disagreementabout who responds to it from among those who have a thousand assumptions amongthose who say it.

The research tackles the inheritance of what is left of the deceased's money after distributing theshares of those decreed by the Holy Quran, if there is no others, and this known as the field ofinheritance: (In an answer to those mentioned in Quran.