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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| id |
my-usim-ddms-13319 |
|---|---|
| record_format |
uketd_dc |
| institution |
Universiti Sains Islam Malaysia |
| collection |
USIM Institutional Repository |
| language |
other |
| topic |
Inheritance and succession (Islamic law) Wills (Islamic law) |
| spellingShingle |
Inheritance and succession (Islamic law) Wills (Islamic law) عزيز بشير روان ‘Aziz Bashir Rawan الخبرة الطّبية وأثرها في الفقه:تطبيقات في قضايا الميراث |
| description |
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. |
| format |
Thesis |
| author |
عزيز بشير روان ‘Aziz Bashir Rawan |
| author_facet |
عزيز بشير روان ‘Aziz Bashir Rawan |
| author_sort |
عزيز بشير روان |
| title |
الخبرة الطّبية وأثرها في الفقه:تطبيقات في قضايا الميراث |
| title_short |
الخبرة الطّبية وأثرها في الفقه:تطبيقات في قضايا الميراث |
| title_full |
الخبرة الطّبية وأثرها في الفقه:تطبيقات في قضايا الميراث |
| title_fullStr |
الخبرة الطّبية وأثرها في الفقه:تطبيقات في قضايا الميراث |
| title_full_unstemmed |
الخبرة الطّبية وأثرها في الفقه:تطبيقات في قضايا الميراث |
| title_sort |
الخبرة الطّبية وأثرها في الفقه:تطبيقات في قضايا الميراث |
| granting_institution |
Universiti Sains Islam Malaysia |
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1812444905405939712 |
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my-usim-ddms-133192024-05-29T20:05:03Z الخبرة الطّبية وأثرها في الفقه:تطبيقات في قضايا الميراث Al-Khibrah al-tibbiyah wa-atharu-ha fi-al-fiqh : tatbiqat fi qadya al-mirath عزيز بشير روان ‘Aziz Bashir Rawan 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. Universiti Sains Islam Malaysia 2022-09 Thesis other https://oarep.usim.edu.my/handle/123456789/13319 https://oarep.usim.edu.my/bitstreams/c00b370f-ae43-4fab-9a97-18dda777c07a/download 8a4605be74aa9ea9d79846c1fba20a33 https://oarep.usim.edu.my/bitstreams/691f433e-2c0e-4fc4-8efe-b7b4f33d969e/download 0dfc53f30f4ccaa92a2ef4c5738a46d6 https://oarep.usim.edu.my/bitstreams/41b20153-38db-4574-b3fd-5edf0c93df8d/download a3e7db1ffdb594bebaa26722f071218e https://oarep.usim.edu.my/bitstreams/b276628a-8203-4019-be8e-da6b205c2325/download 12b72ac6e860687a078a15d8c3c49903 https://oarep.usim.edu.my/bitstreams/21ff5a6b-477a-4f16-89c0-0036cf8645be/download f7836087e37683a845d71a045f11a10b https://oarep.usim.edu.my/bitstreams/f8b87cb2-e056-4e22-95b1-66f6944183b6/download 46f653f42d2ef5a077bad9f72cedbd48 https://oarep.usim.edu.my/bitstreams/c4c91c9a-39f9-45cc-a43f-c35768a2bf9d/download 3e6894ca125d6152eb20a50ada981cf6 https://oarep.usim.edu.my/bitstreams/ef0a9371-8dee-4e11-80e7-4054c1aa9512/download 16287e0a8d8a8335cd331f236f00826b https://oarep.usim.edu.my/bitstreams/738bf5cc-991b-4227-9034-24fc8ba997ef/download febad8ae6f84dba795c2783f3b541adb https://oarep.usim.edu.my/bitstreams/66212fe3-9865-49bc-b599-54dcd24b421f/download 2d8b0320145f381548270c540d33275a https://oarep.usim.edu.my/bitstreams/471c4cae-4875-4c2f-b0c4-c75b76f90ab6/download c9503c89af4bea55fd2f47ffc29e64b4 https://oarep.usim.edu.my/bitstreams/da2bd03d-435f-43b3-b5f8-d7b5613ab632/download 68b329da9893e34099c7d8ad5cb9c940 https://oarep.usim.edu.my/bitstreams/1028bc93-6a7d-4ee6-adca-414e7cc4bf0c/download d0018c8d16a927b30250d2c8ca2d854a https://oarep.usim.edu.my/bitstreams/e09c3170-3bd4-4138-ab04-9cf9f74f61ad/download f428a86b1a3550dc20ff96bacd9691d5 https://oarep.usim.edu.my/bitstreams/1a7077ad-34e4-4f6d-bc34-4f35e32e4245/download 9e86c19dfd910009847c481828bec65b https://oarep.usim.edu.my/bitstreams/93027b32-cb12-4677-bbc7-6d868227f506/download 5d791045d0cb7151ba4070f7389f2076 https://oarep.usim.edu.my/bitstreams/f6af9db4-6c3d-44aa-9857-321c6a689299/download aef81eafd20a161cfe48097c77c462f0 https://oarep.usim.edu.my/bitstreams/dfa98b70-d681-4bd8-a210-1cac46af1c7c/download 9ddc94da4088383882db28157aa07968 https://oarep.usim.edu.my/bitstreams/1cb64cfc-1915-468d-9686-93a26e8fb4c7/download 07675738ab3b4f2bad259518e6bbc5b9 https://oarep.usim.edu.my/bitstreams/f3af829f-3faf-4de3-8ae0-c196c1d4a110/download bac30db42bf8c47cd1dd2d23f6671c0e https://oarep.usim.edu.my/bitstreams/5e0791ce-4546-48fb-8983-af62a218a7d7/download df31f28ded3ba5c0d956aec4fac29058 Inheritance and succession (Islamic law) Wills (Islamic law) |