Dergiler / BALAGH - Journal of Islamic and Humanities Studies / 2022 / Cilt: 2 - Sayı: 2

The ruling of the inheritance of the final divorced woman in the death of illness : A comparative study between Islamic Sharia and man-made law.

The ruling of the inheritance of the final divorced woman in the death of illness : A comparative study between Islamic Sharia and man-made law.

Sayfa
21–46
DOI
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Abstract

This research aims to clarify the jurisprudential ruling for the inheritance of the divorced woman in death illness and the legal ruling of the man-made laws, the Yemeni and Jordanian law as an example. The researcher concluded that most of the man-made laws in Arab countries inherit the divorced woman in death sickness, according to the Hanafi and Maliki doctrines, although Yemeni law did not single out a separate topic for the divorce of the mouse and therefore it was not subjected to the rule of the inheritance of the divorced woman in the disease of death, but it stipulated that irrevocable divorce removes Marriage and therefore through this text we can say that the ruling in the Personal Status Law (the irrevocable divorcee does not inherit at all, whether in death illness or not). He adopted the Shafi’i school of thought, as well as some man-made laws, such as the Jordanian law, which was never stipulated in the Personal Status Law, so it works with everything that is not stipulated in the article in the Hanafi school and the Hanafi school of thought. The researcher recommends that researchers and specialists in the field of law pay attention to such an issue and saturate it with research, discussions and seminars. The researcher divided his research into three sections. The first section deals with the ruling on the inheritance of the divorced woman in the death illness in Islamic law and contains two demands. The second topic is the evidence of jurists in that and its discussion and contains two demands. The topic is in the legal ruling of the Yemeni and Jordanian personal status laws and contains three demands, conclusion and recommendations.