المسائل الملقبة في المواريث بين الفقه والقانون: دراسة مقارنة د. محمد يحي أحمد الحداد

Abstract , aims to examine the rulings related to the well-known named issues in inheritance, both in Islamic law and in Yemeni law, as well as in selected Arab laws. It analyzes the jurisprudential and legal opinions concerning these issues, identifies the preponderant views, discusses the evidences relied upon by each opinion, and highlights the legal provisions in Yemeni law that require improvement or correction. The researcher adopted the inductive and analytical methods. The study consists of an introduction, six sections, and a conclusion. It reached several findings, the most important of which are as follows: 1. The reason for disagreement regarding these issues is that no specific textual evidence exists for each case individually. 2. Al-Gharāwāyn refers to a case involving a father, a mother, and one of the spouses. The preponderant view is that the mother is entitled to a full one-third share. 3. Al-Mushtaraka refers to a case involving a husband, a mother, maternal siblings, and full siblings. The preponderant view is that the prescribed shares exhaust the estate, and the full siblings are not entitled to any share. 4. Al-Akdariyya refers to a case involving a husband, a mother, a grandfather, and a full sister. The preponderant view is that the grandfather takes the remainder after the prescribed shares by agnatic succession, thereby excluding the full sister. 5. Al-Kharqāʾ refers to a case involving a mother, a grandfather, and a full sister or paternal half-sister. The preponderant view is that the mother receives one-third, and the remainder goes to the grandfather. 6. Al-Mālikiyya refers to a case involving a husband, a mother, a grandfather, a paternal half-brother, and a maternal half-brother. A similar case, known as Shibh al-Mālikiyya, has the same heirs except that the paternal half-brother is replaced by a full brother. The preponderant view in both cases is that the husband receives one-half, the mother receives one-sixth, and the remainder goes to the grandfather. Keywords: Inheritance, Al-Gharāwāyn, Al-Mushtaraka, Al-Akdariyya, Al-Kharqāʾ, Al-Mālikiyya.

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