موانع الإرث المتفق عليها : دراسة فقهية مقارنة

Abstract EN

The research dealt with the impediments that prevent the transfer of money from the dead to the living according to the Islamic Sects (Imamiya, Hanafi, Maliki, Shafi'i, and Hanbali) and their jurists, and how each Sect inferred the provisions of prevention from the ostensible meaning of the Holy Qur'an, and what the honorable narrations stated for people's comprehension.

So, the study intends to compare between the opinions of the jurists on the inheritance impediments which they agreed upon only (difference in religion, and murder) in two sections: the first includes the definition of the research items in terms of language and terminology while the second one consists of an introduction based on the fact that the impediment is not a cause, but rather a description of who inherits, having two branches: the first one shows the difference of religion, and includes the infidel and the apostate without slavery, because the system of slavery at the present time does not exist.

So, it presents the views of each Sect regarding the inheritance of an infidel from a Muslim, and a Muslim from an infidel after the death of the bequeather, and those who believed that the infidels are one Sect or numerous Sects.

Some argued that the ence of description can be achieved before dividing the inheritance, so the prohibition on this is negated.

As for the second, it tackles murder, and the different types of murder and its cases according to the jurists that have the effect on the difference in their opinions in the inheritance of the murderer in some types without the other.

the conclusion includes the most important results and recommendations.