الخبرة الطّبية وأثرها في الفقه:تطبيقات في قضايا الميراث
The inheritance law aims to balance between heirs and the owner of the inherited property. It gives the owner the right to bequeath one-third of his estate to whomever he wishes during his life. At the same time, it preserves the right of the heirs to the remainder of the estate. This right is th...
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| Summary: | The inheritance law aims to balance between heirs and the owner of the inherited
property. It gives the owner the right to bequeath one-third of his estate to whomever
he wishes during his life. At the same time, it preserves the right of the heirs to the
remainder of the estate. This right is the commandment of Allah that is required by the
law of inheritance for the rightful recipients according to the legally defined
proportions. The law also prescribes inheritance between spouses so long as they remain
married. The intention of this legislation is to mitigate disputes among kin and to
strengthen the bonds of cohesion between the inheritor and the inherited. This division
can only be carried out after the estate is divested from related rights, i.e., debt and
bequest. Given that the principle of inheritance is founded on knowing the filiation and
gender of the inheritor and is contingent upon his life or death, the study aims to present
an epistemic integration between Islamic law and medical information. It describes the
effect of medical information, in its application in inheritance issues, on identifying the
inheriWor¶s filiaWion and gender and deWermining Whe Wime of his life and deaWh. To
accomplish these objectives, the study employed the descriptive approach, using all
available tools and various data extrapolated from the various chapters of jurisprudence
of inheritance, and consulting references and sources in line with the scope and facts of
the study. IW is also in parallel ZiWh Whe researcher¶s efforW Wo e[tract medical materials
from reliable sources in the form of published research and scientific seminars. The
researcher also employed the analytical approach to analyze the research material and
reveal the path taken by jurists to deduce rulings. The materials were then studied by
examining their sources and analyzing their texts, and the results were then inferred.
The research problem lies in the harm ensuing from the application of jurisprudential
opinions in inheritance law for the division of the estate, which are founded on the report
of women and examination of events. Current, sound medical information has proven
Whose opinions Wo be incorrecW, especiall\ in idenWif\ing Whe inheriWor¶s filiaWion and
gender and determining his time of life and death. It has also greatly unsettled the
opinions of jurists, as it is medical facts that depart from the area of ijtihad of a jurist to
the area of a specialist physician. The study has concluded several important findings,
among them: the implementation of ijtihad in inheritance law must follow the
methodology that can give new dimensions to the Sharia law during implementation,
not including cancellation or modification. The decision to establish or disprove the
filiation of the inheritor depends on the medical information. Likewise, the
deWerminaWion of Whe inheriWor¶s gender and Wime of life and deaWh is conWingenW Xpon Whe
confirmation of a specialist physician and not a mujtahid jurist. The inheritance of a
fetus is established simply by knowing it is alive in iWs moWher¶s Zomb Xsing medical
techniques. It is not required that the fetus be born alive or cry to establish its right to
inheritance. The study has presented a solution for estimation issues in the jurisprudence
of inheritance and has provided a clear view to competent authorities in the division of
inheritance. |
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