الزواج في مرض الموت و الإرث فيه : مقاربة نقدية لقرار المحكمة العليا

Abstract EN

It can be seen from the facts of the Judicial Decisions No.

88856, and No.

251656 issued successively by the Personal Status Chamber of the Supreme Court, whereas the first decision concluded that the marriage is valid and the inheritance is proven in it, the second decision ruled that the marriage is corrupt and there is no inheritance in it, and in view of this contradiction, this approach came to discuss the issue in light of the jurisprudence and the law.

In order to get to know which of the two decisions is the best and closer to the opinion of Sharia and the law.

The approach concluded that the first decision was flawed, In terms of its violation of Article 222 of the Family Code, in contrast to the second decision that came in conformity with it, and in line with the jurisprudential reference adopted in our country.