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تنازع الزوجة مع ورثة زوجها في استحقاقها الميراث: دراسة فقهية مقارنة

العنوان بلغة أخرى: Contention between a Widow and her Husband’s Heirs over her Rtghtfui Inheritance: A Comparative Juristic Study
المصدر: مجلة دار الإفتاء المصرية
الناشر: دار الافتاء المصرية
المؤلف الرئيسي: الشنديدي، إسماعيل محمد (مؤلف)
المجلد/العدد: ع29
محكمة: نعم
الدولة: مصر
التاريخ الميلادي: 2017
التاريخ الهجري: 1438
الشهر: أبريل
الصفحات: 184 - 241
رقم MD: 905502
نوع المحتوى: بحوث ومقالات
اللغة: العربية
قواعد المعلومات: IslamicInfo
مواضيع:
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المستخلص: The research is divided into an introduction, a preliminary investigation, two chapters, and a conclusion. The introduction The introduction comprises the definition of the title object and the justification for the research. The preliminary investigation The preliminary investigation is divided into three sections: 1- Definition of inheritance. 2- Grounds for inheritance. 3- Preventives of inheritance. Chapter One This chapter discusses the contention between a widow and her husband's heirs over one of the grounds for inheritance (marriage). The chapter is divided into three sections: i- A widow's dispute with her husband's heirs over the existence of the marriage. ii- A widow's dispute with her husband's heirs over the validity of the marriage (the wife's consent). iii- A widow's dispute with her husband's heirs over the status of the marriage, whether it was continuing at the time of the husband's death or the spouses were divorced. It also includes the following topics: The first topic: A widow's dispute with her husband's heirs over the existence of divorce. The second topic: A widow's dispute with her husband's heirs over the time of divorce and whether it occured at a time of health or illness. Third topic: A widow's dispute with her husband's heirs over the determination of the identity of the divorced wife (in a case when the deceased had multiple wives) if the husband did not specify her prior to his death. This includes: i- That the deceased husband had divorced one of his wives and died before specifying the divorcee. ii- That the deceased husband had divorced one of his wives who predeceased him and then he died without specifying the divorcee. Fourth topic: A widow's dispute with her husband's heirs over the time of the expiration of her waiting period, whether it ended before or after his death. Fifth topic: A widow's dispute with her husband's heirs over him taking her back after an unfinalized divorce. Chapter Two Contention between a widow and her husband's heirs over one of the preventives of inheritance (having a different religion). This chapter is divided into two sections: i- A widow's dispute with her husband's heirs over the religion the husband was following when he passed away. ii- A widow's dispute with her husband's heirs over the religion she was following at the time of her husband's death. This section comprises the following topics: First topic: The heirs' claims that the widow of their Muslim father was not a Muslim when he died. This topic is further divided into: • The heirs' claim that the widow was known to be a non-Muslim. • The heirs' claim that the widow was not known to be a non-Muslim. Second topic: The heirs' claim that the widow of their Christian father was a Muslim when he died. Conclusion The conclusion contains the most important results reached and recommendations.

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