Inheritance of the agnates by themselves and the agnates with others: a comparative study
DOI:
https://doi.org/10.64184/ajlps.V2.I3.Y2025.P821-846.148Keywords:
League by self, League with others, League by others, Daughter and sister, Sister to father , daughter sonAbstract
The science of inheritance for the legal sciences that recommended the brown Muhammad (peace be upon him) to learn and teach them because of the preservation of a great purpose of the purposes of Islamic law, which is to save money and this money save the soul and ask about people and other benefits has identified the street wise texts categorical for the origin of the heirs of parents and relatives and came Sunnah complement it Perhaps the most prominent of what came by the Sunnah of the Prophet inheritance of the League of the self and the League with others has been singled out for each Including a hadith said by the Prophet Muhammad (peace be upon him) has been common understanding of the right in how to inherit them in the event of their individuality, and differed Muslim jurists in the submission of each other in the event of their meeting this research shed light on these two issues and correct the common understanding is incorrect in their inheritance and choose the most correct opinion in the submission of one over the other in the event of their meeting with a statement of the position of the Iraqi legislator of all of the above.
References
KSU Quran
First: Books of Interpretations
1. Abu Bakr Ahmed bin Ali Al-Razi, The provisions of the Qur'an, part 2, 3rd floor, Dar Al-Kutub Al-Ilmiyya, Beirut, 2007.
Second: Hadith Books and Explanations
2. Muhammad bin Ismail Al-Bukhari, Al-Jami' Al-Sahih Al-Mukhtasar, (Achieved by: Dr. Mustafa Deeb Al-Bagha), vol. 6, 3rd Edition, Dar Ibn Kathir, Beirut, 1986.
3. Abdullah bin Abdul Rahman Abu Muhammad Al-Darimi, Sunan Al-Darimi, (achieved by: Fawaz Ahmed Zumrli and Khalid Al-Saba Alami, part 2, 1st edition, Dar Al-Fikr Al-Arabi for the book, 1987.
4. Muhammad bin Ali Al-Shawkani, Neil Al-Awtar from the secrets of the news selector, 1st Edition, Dar Al-Kitab Al-Arabi, Beirut, 2004.
Third: Language Books
5. Muhammad bin Abi Bakr bin Abdullah bin Abdul Qadir Al-Razi, Mukhtar Al-Sahih, (Investigated: Yusuf Sheikh Muhammad), 5th Edition, Al-Asriya Library, Beirut without a year of publication.
Fourth: Islamic jurisprudence books
Hanafi jurisprudence
6. Abdullah bin Mahmoud bin Mawdud Al-Mawsili Al-Hanafi, Selection for the Explanation of Al-Mukhtar, Part 5, 1st Edition, Al-Asriya Library, Beirut, 2002.
7. Muhammad ibn Ahmad ibn Abi Sahl al-Sarkhasi, al-Mabsout, vol. 29, d|i, al-Saada Press, Egypt, without printing year.
8. Muhammad ibn Muhammad ibn Abd al-Rashid al-Sajawandi al-Hanafi, Sharh al-Sirajiyyah, d|i, publisher Mustafa Al-Halabi and Sons Egypt, 1944. Maliki jurisprudence
9. Muhammad Alish, Explanation of the grants of Galilee on the summary of the scholar Khalil, part 4, d|i, Al-Najah Library, Tripoli, without a year of publication.
10. Muhammad bin Ahmed bin Muhammad Ibn Rushd, the beginning of the mujtahid and the end of the frugal, (achieved by: Bashir bin Ismail), part 2, 1st edition, Dar Ibn Rajab, Egypt, 2001. Shafi'i jurisprudence
11. Muhyi al-Din Abu Zakaria Yahya bin Sharaf al-Nawawi, Rawdat al-Talibin, (investigated by: Adel Ahmed Abdel Mawgoud,) part 5, d|i, Dar Alam Al-Kutub, 2003.
12. Ali bin Muhammad bin Habib Al-Mawardi, Al-Hawi Al-Kabir in the jurisprudence of the doctrine of Imam Al-Shafi'i, (achieved by: Ali Muhammad Moawad and Adel Ahmed Abdel Mawjoud), vol. 8, 1st edition, Dar Al-Kutub Al-Ilmiyya, Beirut, 1994. Hanbali jurisprudence
13. Muwaffaq al-Din Abu Muhammad Abdullah bin Ahmed bin Muhammad bin Qudamah al-Maqdisi al-Dimashqi al-Hanbali, al-Mughni, vol. 8, d|i, 2004.
14. Mansour bin Yunus Al-Bahooti, Al-Rawd Al-Murabba, Sharh Zad Al-Mustaqna', D|i, Al-Resala Foundation, without year of publication. Virtual Fiqh
15. Ali bin Ahmed bin Saeed bin Hazm Al-Dhaheri, the local antiquities, (investigated by: Abdul Ghaffar Suleiman Al-Bendary), part 8, 1st edition, Dar Al-Kutub Al-Ilmiyya, Beirut, 2003. Fifth: General Books
16.Dr. Ahmed Mohamed Ali Dawood, Personal Status , Part 4, 1st Floor, Dar Al-Thaqafa for Publishing and Distribution, Amman - Jordan, 2009.
17. Dr. Ahmed Ali Al-Khatib, Explanation of the Personal Status Law, Section One (Provisions of Inheritance), 2nd Edition, Dar Ibn Al-Atheer for Printing and Publishing, University of Mosul - Iraq, 2012.
18. Dr. Abdul Karim Zaidan, detailed in the provisions of women and the house of the Muslim in Islamic law, vol. 11, 2nd edition, Al-Resala Foundation for printing, publishing and distribution, Beirut, 2000.
19. Qariaqus Isho Refuka, provisions of the right of inheritance and provisions of the right of transfer, 2nd floor, Al-Shamil Press for printing and publishing, Mosul - Iraq, 2011.
20. Muhammad bin Ibrahim bin Al-Mundhir Al-Nisaburi, consensus, (achieved by: Dr. Fouad Abdel Moneim Ahmed), 1st Edition, printed by the Sharia Courts in Qatar, Qatar, 2004. Sixth: Letters and Dissertations
21.Khalid Ali Muhammad Al-Najjar, Fara'id Al-Sahaba in the Statutes | A comparative jurisprudence study, Master Thesis submitted to Hebron University, Department of Sharia Judiciary, Palestine, 2012. Seventh: Laws
22. Iraqi Personal Status Law No. (188) of 1959 and its amendments published in the Iraqi Gazette, No. (280) on 30/12/1959.
