MAWANIʻ AL-MIRATH FI DAWʼ MAQASID AL-SHARIʻAH AL-ISLAMIYAH: DIRASAH TAHLILIYYAH [INHERRITANCE BARRIERS IN THE LIGHT OF THE PURPOSE OF ISLAMIC LAW: AN ANALYTICAL STUDY]

Abstract

Abstract: The goal of this research is to shed light on the issue of the contraindication of inheritance, and discuss the views of scholars and their evidences based on Purposes of the Sharia'a law. The research starts with the discussion on related terminology of the concept of  the contraindication, inheritance and the statement of legitimate purposes. This is followed by a discussion on the contraindication of inheritance using ordinary and technical terms. This study is also interested in the views of scholars and their evidence in the contraindication of inheritance. The researcher has followed a set of scientific methods: the inductive, the analytical and the comparative methods. Through the inductive approach the researcher examined the views of the scholars. Through the analytical method the resercher discusses the views of scholars and their evidence of the issue. The intent of God’s revealed law from it is devised. Through the comparative approach, the researcher mentioned points of agreement and disagreement between jurist’s on the contraindication of inheritance. One of the findings of the research is that the The wise creator has the purposes and wise goals through its enactment of barriers of inheritance.