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An-Najah University Journal for Research - B (Humanities)

Abstract

This study deals with the inheritance ruling in case of mass death in the Islamic jurisprudence and the Jordanian Personal Status Law, aiming at identifying the nature of this issue and the ruling on what people are exposed to in the present time of fatal incidents which affect their legal and financial, especially inheritance. It also focuses on the concept of inheritance in case of mass death, its cases, and some rules related to it. It then discusses the religious and legal ruling on their inheritance. It was revealed that the jurists differed intheir rulingon this issue. One group prohibited inheritancein the event of mass death, whichtheir followers agree with. In contrast, a second group opposed the ruling, such as the Hanbali doctrine, which authorized the Inheritance of people in this case. Each of the two groups provided clear evidence in support of their ruling. Since there is no explicit provision in the Jordanian Personal Status Law relating to this issue, the more preferable ruling in the doctrine of Imam Abu Hanifa is implemented, which states that no inheritance should be made in the case of mass death, as stated in article 183 of the above-mentioned law. The research has shown how inheritance is implemented in the case of mass death, basedon what jurists and the law stated.

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