Author
Faculty member at the Faculty of Sharia The Islamic University of Madinah
Abstract
The science of obligatory statutes is great. It is half the flag, as the Prophet (peace and blessings of Allah be upon him) told him. This is the first knowledge that is raised from the earth. He has guided us to learn and teach it to the people, and the greatness of this science is that the Almighty has divided the inheritance among the best beneficiaries , And the imposition of the obligations of his knowledge and his great wisdom, and that in his dear book, and the words of His Messenger Muhammad, has been a feature of the people of ignorance, to prevent some of the inheritors of inheritance, such as women and boy, and the pretexts of shame, based on injustice and ignorance. It is possible for each soul to inherit from others and to inherit from others, even if this is before the completion of its creation. This indicates the perfection of this law and its validity for all times and places. In this study, the researcher will deal with the issue of the law of obligatory duties, namely the provisions concerning the incomplete inheritance of the soul, through the definition of inheritance in the language and in the terminology of the jurists, and the statement of the incomplete inheritance of the soul by mentioning the words in the matter, To say the most correct, explaining the conditions of the legacy of pregnancy, and the life that is worthy of inheritance or blood, and how to inherit the unfinished soul. The research concluded several results, including: If a person dies from pregnancy, he has a share of the inheritance, it is not disputed among scientists, because, although a sperm in the uterus is prepared for life and to be a living person, the rule of life given the fate, The eggs rule the fishing in the obligatory punishment for the forbidden if broken, and that nothing is paid to the partners of the pregnancy in the inheritance unless he is sure of the number and gender, but are forced to wait until the pregnancy is found, because of their inheritance of the possibility of loss of the right to pregnancy after they took their people and started, And that if it is found to indicate the life of the rule of his life, whether by moving, And breathing, or shouting, or breastfeeding, the signs of life are not limited to the initiation, and if the crime led to the pregnant to drop her fetus, the offender must be jealous, and inherited from the fetus, and jealousy is inherited by the laws of God, is the most likely This matter, because the fetus is connected to his mother, but the Sharia singled him out of the ruling, and enjoined the jealousy, and because he enjoined it in it without restricting the fact that the crime occurred on the soul breathed.
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