AL-QAT’U AL-MANI’ MIN AL-MIRATH [THE INHERITANCE OF THE MISTAKE KILLING]

Abstract

Abstract: : The crime of murder is one of the most heinous crimes. Almighty Allah has promised a murder with the most severe punishments. He ordered the imposition of retribution on the murderer to achieve the principle of justice and reprimand those who tempted him to commit such a crime. Thus, He made it a deterrent and life for the souls of others, and because of the magnitude of this crime, its impact was not limited to retribution or blood money, but went beyond that. Among the matters related to murder is the deprivation of inheritance, which confirms the severity of this crime, alienation from it and stress on the perpetrator. One of the reasons for committing this crime may be greed for money, so the Sharia from the beginning came to block this door on such greedy people. The jurists agreed that the killer does not inherit, and they based this on the saying of the Prophet, may Allah’s prayers and peace be upon him: “The killer does not inherit anything”. And he, peace be upon him, said: “The killer has no inheritance”. The problem of the research lies in considering murder as an impediment to inheritance. Is every murder prevented from inheritance or are there exceptions. This study aims to clarify the types of murder and its divisions according to the jurists, as well as to indicate the type of murder that prevents inheritance. The researcher used the inductive and analytical approach through analyzing and presenting the sayings and discussion of the four jurists on the divisions of murder. The researcher has reached several results, the most important of which are: that killing in general according to the saying of most jurists is considered one of the barriers to inheritance. The Malikis did not consider killing free of aggression and intent as an impediment to inheritance, and considering killing as an impediment to inheritance would block the pretext of killing and hastening the death of its inheritor.