FALSAFAT AL-HIRMAN MIN AL-MIRATH FI AL-SHARI?AH AL-ISLAMIYAH WA AL-SHARA?I? AL-SABIQAH: DIRASAH MUQARANAH [THE PHILOSOPHY OF DISINHERITANCE IN ISLAMIC LAW AND PREVIOUS LEGISLATIONS: A COMPARATIVE STUDY]

Abstract

The goal of this research is to shed light on the issue of disinheritance in Islamic law and previous legislations. The research starts with the discussion on the philosophy of disinheritance in previous legislations. This is followed by a discussion on the rules and systems  of inheritance and its impediments in Islamic law. The researcher has followed the comparative methods. Through it, the researcher mentioned points of agreement and disagreement between Islamic law and previous legislations in the term of disinheritance. One of the findings of the research is that the The wise creator has the purposes and wise goals through its enactment of Impediments to inheritance. The Islamic Sharia also has special features that distinguish it from other laws, because it is from a Wise, All-Knowing Allah S.W.T