إشكاليات توريث المقتنيات الشخصية بالحبوة

الملخص EN

The personal belongings of the deceased person raise many problems among the heirs concerning the right of any of the heirs to possess them.

In fact, these personal belongings are considered as an important part of the legacy which must be distributed among the heirs according to the Sharea'a rules of inheritance.

Thus, the present study tackles the concept of personal belongings and their different types, as well as going into the details of the provisions of Habwa as a method of sharing personal belongings and its explanation, its types and rulings, and a statement of the position of Muslim jurists about it and the Iraqi legislation and also the comparative legislation.

Then, the validity of provisions of AL-Habwa have also been dealt with in this research in order to know whether it is possible to have some amendments or to keep these provisions as they are to attain the required legal objectives at least for the time being.