TITLE

VACÄ°P VASÄ°YET VE HALEFÄ°YET BAÄžLAMINDA 'DEDE YETÄ°MÄ°' PROBLEMÄ°

AUTHOR(S)
Ari, Abdüsselam
PUB. DATE
January 2008
SOURCE
Ekev Academic Review;Winter2008, Vol. 12 Issue 34, p249
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The inheritance law lays out the principles of the transference of deceased's hereditament to his beneficiaries. Every legal system has its own characteristic rules. For instance, the rule of "In the case of absence of agnate relatives, the deceased's closer relatives are to be preferred over the distant ones" characterizes islamic inheritance law. This rule leads necessarily to the principle of "the closest heir conceals the distant heir from inheritance." There is also the rule of "to be able to a beneficiary of the inheritance the heir should be alive at the time &the deceased's death." The practice of these rules has created the problem of the deprivation of the person whose parents died before his grandparents, which has come to be called 'heir of grandfather', from the inheritance. After remaining unsettled for centuries, in 1940's a solution was proposed for this problem called the principle of 'obligatory will', However its practice has been criticized. In this article, the legal basis of being an 'heir of grandfather', the practice of 'obligatory will' act in some Islamic countries and its legal evidences from the shariah and some of the criticism of this act will be examined. Also the question of whether this problem of the 'heir of grandfather' can be solved by the principle of 'subrogation' practiced in some non religious legal systems will be investigated.
ACCESSION #
37018740

 

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