الرد في الإرث بين الفقه المالكي و مدونة الأسرة

Abstract EN

The question of restitution in inheritance is important in the division of the estate, especially when the money is preferred after each heir has taken his share, so that the remaining money from the heirs becomes between two issues, does the remaining money take the house of money? Or does he respond to the heirs? In this case, the fuqaha'a differed, some of which were not answered by the heirs, and some of them considered that the first of the estate sought to be returned to the heirs and not inherited by the house of money.

Imam Malik and Imam Shafi'i argued that the rest of the estate after each heir took his share belonged to the house of money, and they did not reply in the inheritance, which is the saying of the venerable Sahabi "Zaid Ibn Thabet", may God bless him, and this is what is known in malik's doctrine.

However, scholars of the Late Malik doctrine said that he would respond to the heirs if he preferred something from the estate, which is the same provision as stipulated in the Family Code in 2004, unlike Imam Malik, may God rest his soul.