يمين الاستظهار بين الشريعة و القانون : دراسة مقارنة

Abstract EN

The right of memorization، whether in the Sharia or in the law، is of great importance because it has begun to protect the rights of the estate from loss and non-aggression.

It is a right of the dead، such as the rights of Allaah.

It is one of the most important legal and legal means that have been found in order to protect the right from conflict or abuse.

The right of this civil action involves something hidden and with it the evidence that proves this right.

It does not face its real adversary، He is the deceased to show that he has no defenses to this right because he is dead and has no ability to do so، and the heirs may also be ignorant of these defenses، so the receivable for the plaintiff's money to the right of the estate but provides evidence relative to the King، Legal supplement is the right of invocation that the money has not Comes out of his property in a face، ، So the study aims to remove the problems and answer the questions، the source of which is a set of hypotheses، the most prominent of which are: What is the right of memorization، what is its purpose، what is distinguished from it، what are its conditions، and the extent of its legitimacy، whether by Shari'a or by law، and what are its procedures and implications? Based on the analytical analytical approach، the comparative approach، and the practical approach that enhances the legislative and jurisprudential positions in the applied judicial judgments of the Arab courts.