Publication: ميراث الحمل وفق المعلومات الطّبية المعاصرة
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Date
2020-11-18
Journal Title
Journal ISSN
Volume Title
Publisher
Penerbit USIM, Universiti Sains Islam Malaysia
Abstract
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.
Description
E-PROCEEDING 3rd INTERNATIONAL CONFERENCE OF THE POSTGRADUATE STUDENTS AND ACADEMICS IN SYARIAH AND LAW 2020 (3rd INPAC 2020)
"Syariah and Law Approach in Solving Contemporary Issues"
Organized by: Faculty of Syariah and Law
Date: 18 November 2020
Keywords
Islamic law of inheritance, pregnancy, viability, duration of pregnancy.