The Objectives of Inheritance in Islamic Law and Civil Law

Abstract

This research examines the objectives (maqasid) of inheritance in Islamic Sharia and law through an analytical and comparative approach that combines juristic foundations with legal analysis. The study aims to highlight the legislative wisdom behind inheritance rules and their role in achieving social justice, preserving wealth, and strengthening family ties. It addresses the concept, legitimacy, and characteristics of inheritance, then explores its objectives in Islamic law in terms of distribution, allocation, and impediments to inheritance, emphasizing the principle of balancing rights and obligations. The research also analyzes the objectives of inheritance within legal systems, particularly the Iraqi Personal Status Law, with a comparative reference to Emirati and Tunisian laws. The study concludes that the Islamic inheritance system is distinguished by precision, fairness, and comprehensiveness, while modern legal systems largely derive from it but still contain certain shortcomings that require legislative reform. The research problem lies in the theoretical and practical gap between the foundational principles of inheritance in Islamic law and its regulation in legal legislation. This raises the question of the extent to which these principles are reflected in positive law and the degree to which it achieves the justice intended by Islamic law.

The research employs a comparative analytical approach, analyzing legal and jurisprudential texts related to inheritance, deducing their underlying principles, and then comparing them with provisions in legal legislation, particularly the Iraqi Personal Status Law and other comparative laws. The deductive method is also used to extract the legal principles from detailed evidence, while the descriptive method is employed to present the fundamental concepts related to the research topic.