الرّد على الورثة دراسة فقهية مقارنة د. محمد محمد معافى علي (1)

Abstract

Islam imposes on women the right to inheritance and the right to take the rest of the inheritance. If the heirs do not have any blood relationship, the money will be possess to her if she was the only one, or if she has a blood relationship or a fardh  heirs, she will has her share of the money. This legislation was unknown to mankind before, and In Jewish and Christian religions, according to their sources, women were not given any right to inherit, as well as to have even its part of the inheirtance, and the greatness of this religion, has gave every one has its right, which ever rest from the inheritance it is backed to the heirs.

There disagreement between   scholarsis that the rest of the inheirtance is backed to the heirs, or it is returned to the treasury, and the research indicates that the rest  is to the heirs, because they are closest to the dead.

But the researcher, has another saying, a blod statement that all scholars have agreed on it, that to backed the rest to the treasury, if it is regularly, the researcher saw that the rest has to backed to the treasury, if the guardian sees it.  According to the conditions of them: if it is in the time of justice, and organized the treasury, or needs to do so, such as the pandemics, disasters and wars and Stravation, there is nothing wrong to backed the surplus of the inheritance to the treasury, an exception and necessity,

 The study dealt with the conditions of the response: the presence of the owner of the imposition, and existence of surplus in the inheritance.  And Allaah has made women has the right to inherit , not with innervation, because of thire weakness and the strength of men to trick them, unlike Judaism and Christianity, which deprived women of mere inheritance.

 It is more likely that the husband and wife do not  inherit because they inherit by ransom, unless there is a legacy between them, whether it is a legacy or a single inheritance, and there is no inheritance between them with relationship or loyalty, because this is better  than to spend money from treasury, and between the spouses. It is more likely that the research will inherits to the 

 daughter of the son with their daughter, and will inherits to the grandmother and to the mother's child with the mother.   Because  there is no evidence deprive to inherits to them, becuse there is no one to inherit the rest of the money.

And that the work of questions of inherit is divided into two parts, first: if the matter is a husband or wife, and the second: the absence of one of the spouses The house of money