التنزيل في الميراث بين أحكام الشريعة الإسلامية والنصوص القانونية

Abstract

"This research, titled ""The Obl obligatory Will in Inheritance Between the Rulings of Islamic Sharia and Legal Provisions,"" aims to study the system of the obligatory will in terms of its jurisprudential legitimacy and legal classification, especially in light of its adoption in the Algerian Family Law. The central issue revolves around the extent to which the rulings of the obligatory will align with the principles of Islamic inheritance law and whether it achieves social justice, particularly in cases where a son dies before his father, leaving behind young children. The research provides an overview of the concept of the obligatory will, its conditions, its prescribed share, and an analysis of scholars' positions on it. It also includes a study of the legal texts governing it and examines the practical aspects of how to calculate the share of the substituted heirs."