توريث الموتى

Abstract EN

The life of the inheritor and the death of the inherited are both a condition that must be fulfilled before the inheritance can legally be carried out.

This is a crucial condition that allows us to know those who deserve to be legally inheritors from those who do not.

However, there are cases where it is difficult to fulfil such a condition—the case of mass death for example.

In fact, there is no any stipulation in the Iraqi legal system pertaining to Personal Status Law on how to inherit in case of mass death, therefore, the only legal recourse left in such case is the rulings and principles of the Sharia Law in reference to article (1), paragraph (2) of the Personal Status Law.

Furthermore, in reference to the opinions of the Fuqahah (Muslim Jurists), there is a clear legal difference as regards to the death inheriting other death.

One opinion allows the death to inherit one another, while, one opposing opinion disallow such inheritance.

The third opinion reconciles the other two opposing opinions stating that the medical advancement of today can help doctors determine, through autopsy, the exact time of the death of every deceased in the mass death in order to solve the problem and to determine the deservingly-legal inheritors.

In fact, the doctors do not agree on one opinion as regards to determining the exact time of the death of every deceased.

While some argue that the exact time of the death of every deceased starts right after the brain death, some others argue that it starts right after heart and lungs failure.