مسؤولية الوارث وحق الدائن في التركة: رؤية فقهية

Abstract

Debt is a form of financial transaction in human life, and it may be necessary in our current era. The issue arises when these debts are not settled upon the death of the creditor or the debtor. Many people are unaware of their rights andresponsibilities, which can lead to other issues such as delays in managing the estate. The research aims to explain some of the majorissues of debts upon the death of the debtor in terms of rights and responsibilities in inheritance. The researchers used inductive and analytical methods by collecting materials and information related to the subject from the provisions of the creditor and the debtor. The research has reached several findings: The jurists agreed that heirs are not obligated or demanded to pay off the debts of the deceased if they are not left with sufficient assets to fulfilthose debts. However, if the heirs willingly choose to settle these debts from their wealth, they have the right to do so. The creditor has the right to discharge or forfeit his right to free the deceased debtor from suspension in the afterlife. The scholars have differed regarding the validity of saying off the debt of a deceased debtor from Zakat. The research was concluded with recommendations, the most important is that everyone needs to be aware of their rights and responsibilities in the inheritance andto plan the financial matters, especially regardingdebts, to protect the rights of others and clear their obligations after death.