الرد على الزوجين في الميراث : دراسة تأصيلية مقارنة

Abstract EN

Al-Radd "Return to" the husband and wife is problematic issues in the Science of Inheritance, maybe due to inter alia, Islamic scholars are unanimously agreed not to Al-Radd to them, nevertheless, some of scholars stated a disagreement about it.

So, it is necessary to explain the reason for this disagreement, the research found that Al Radd has many cases: of which agreed not to Al-Radd to them if there is one or mor legal heir in the issue, of which the same upon the opinion of the majority of scholars if there are not legal heir and agnate but there is blood relative, and of which disagreed about it and Al-Radd to them is better from its non-existence if there are not legal heir, agnate and blood relative in the issue.

Therefore, the research found that the Saudi Law did not deviate it Articles from the consensus of the jurists and did not contradict the opinion of the majority of scholars, also, did agreed chosen opinion of their sayings in the case in which they differed.