ميراث الجد مع الإخوة

Abstract

The science of inheritance in this research, represented in the inheritance of the grandfather with the brothers and the clarification of the ruling and system of their inheritance with the statement of the differences of scholars in this and the reasons for their disagreement, it became clear to me - and I am in the process of studying the controversial issues, that the flexibility that characterizes Islamic Sharia disciplined with rules and principles clearly highlights the depth of Islamic Sharia with its multiple sources and the diversity of its evidence, the wisdom of the legislator necessitated the further expansion of the rulings from the legal texts in the frozen issues and issues, as it is legally established that what is proven from a ruling by an explicit text is a fixed ruling that does not enter into change and does not accept change and no one may violate it no matter how time changes as rulings Inheritances are established in this way, because the legal texts have their originality and immunity, so it is not permissible for anyone to make ijtihad on the source of the text, except that these texts are limited and specific, unlike issues, issues, and frozen and recurring events. As long as the issues and issues for which there is no legal ruling, such as how the grandfather is inherited with the brothers, whether they are brothers or the father or they are together, or the presence of the grandfather with the brothers and the owner of another imposition, all these issues require a legal ruling, the wise legislator has established rules and regulations inspired by the Qur’an and the Sunnah that are understood on Its basis is the texts and the rulings are extracted, however, not all of these rules and controls are subject to agreement among scholars, and then it is derived from the difference of diligent jurists in the rules and principles of the inevitable multiplicity of the different legal rulings. However, the divergence of the rulings does not depart from being legal rulings from the rulings of legislation in general.