شهادة الوارث لمورثه بجرح قبل اندماله : دراسة فقهية

Abstract EN

This research entitled: (The testimony of the heir to his inheritor with a wound before his completion - a jurisprudential study -) in which I intended to explain what is related to the jurisprudential judgment issued by some scholars of Islamic law, which is the non-acceptance of judicial testimony from the heir to his inheritor with an effective wound before his completion.

Whereas, the testimony before the wound is closed by the heir to his inheritor is of doubtful validity, as it is possible that the witness will lie about it because with this testimony it is more likely that he intends to bring benefit to himself and not to convey the truth through it.

If this wound is inherited by the heir who testified to him of the wound, then he receives a monetary allowance as compensation for the death of his inheritor due to this wound leading to his death, and this monetary compensation is called in Islamic law: (blood money( But if the testimony is from the heir to his inheritor with a wound after his healing and healing, then the testimony is not prohibited, because in this case the testimony is not questionable, as the witness's heir would not then benefit from his testimony The jurisprudential ruling and the legal option to prevent the heir from witnessing a wound to his inheritor before its merging is based on the interest of preserving and preserving rights, and it is also based on the principle of blocking pretexts and means that lead to corruption, as judicial testimony is aimed at preserving rights and should not be a means conducive to violating the rights of others and taking away the money of others Vanities.

The nature of this research necessitated that I divide it into an introduction, two papers, and a conclusion in which I explain the most important results that I have reached