The Mensuration in the Inheritance System, Mean & Nessesety A Comparative Study in the Iraqi personal status law"

Doi:https://doi.org/10.37940/JRLS.2023.4.1.4

Abstract

First of all, The need for mensuration arises within the framework of the inheritance system established in Islamic law on a permanent and continuous basis, where mensuration is carried out in many cases within the details of the science of inheritance, whether in the context of determining the shares of the inheritors or in the conditions that must be met by them or in the possibility of dependence or not or prevention of inheritance. Although the rulings on inheritance came with specific and explicit texts in the Qur’an and the Sunnah, these rulings included the majority of inheritance issues and not all of them, which is the case in which the jurists pushed to resort to analogy to reach the ruling and determine who are the heirs or determine the shares that the heirs deserve, and the analogy is applied either to The basis for looking at another issue of inheritance, or measuring the judgment to be applied in the issue of inheritance on a case outside the science of inheritance.

The study attempted to discuss the topic within the framework of a comparative study between the views of Islamic jurisprudence of its different schools of thought, within the framework of a scientific plan that included the definition of analogy in inheritance issues, and indicated the areas of analogy in the causes, conditions and impediments of inheritance.