الطرق الحسابية لحل مسائل التنزيل في الميراث و الانتقادات الفقهية و القانونية الموجهة له

Abstract EN

Non-inherited relatives take the care of Islamic law, and it singled out them with a bequest system.

It is a property added to after death by donation, which the testator does voluntarily before his death within a third, while most Arab family laws took care of this category, by allocating some of its articles to what is called (the obligatory bequest), it is a binding bequest by the force of law, and it is called (inheritance by substitution) in the Algerian family law; In other words, the grandchildrens would be relegated to the status of their deceased father in the life of their grandfather, and as is known in the Islamic inheritance system, these grandchildrens do not inherit anything from their grandfather's inheritance in the presence of their uncles alive.

However, this contemporary conception of the bequest, then legally affirming it even if the grandfather did not recommend, and limiting it only to the grandchildren, excluding the rest of the non-inherited relatives, then the great variation and difference in determining who are the grandchildren who are Concerned this bequest, Are they the male son's branch only? Or the girl branch as well? As well as what is his legal evidence? And the extent of its harmony with the Islamic heritage system? Is there one way to solve his problems? Or are there several different ways to calculate it? To the many other jurisprudential and legal problems and questions, which this modest research came to answer.