ميراث الحمل وفق المعلومات الطّبية المعاصرة

The Islamic law of inheritance for an unborn child is an important matter in Syariah because this subject can affect the inheritance of other heirs. The presence of the fetus can either affect the total amount of inheritance or reduce the amount of inheritance of the heirs depending on the reasons and conditions. Therefore, to assist the division of the inheritance; hypotheses are made on the gender and number of fetus as to allow the inheritors to have the inheritance by the least possibility or amount and the rest of the inheritance is frozen until the child is born which may extend to years. This is what resulted in disagreement among the jurists regarding the duration of this waiting period as it varies from two to four years, which is not a short period. When the inheritance is material, it is often difficult for the souls to wait. Therefore, this study intends to examine the inheritance of an unborn child according to medical evidence. This will lift the ongoing dispute between the jurists about the period of the least pregnancy and the duration of the longest pregnancy. In conclusion, we relied on the evidence of the medical sciences as a factor to take when defining everything on pregnancy and issues surrounding it to assist in Islamic law of inheritance.