الميراث بالتقدير والاحتياط فى ضوء المعطيات العلمية المعاصرة

Abstract

The subject of estimating and anticipating inheritance is one of the most important aspects that may affect Muslims in their life and after death. There are some thorny possibilities which make it difficult to know the share of some of the heirs of missing persons, hermaphrodites, fetus, and those shipwrecked, etc. due to the difficulties to verify the conditions of inheritance in those cases as our classical scholars have said during their time, making every effort to accomplish these requirements, by stating special provisions for it. But, as we are in a modern era of technology, the knowledge and the applied science have developed. Therefore, we have to re-consider those provisions in light of contemporary scientific data. In this regard, this research applied several methods including the inductive approach, by tracing, collecting and classifying the statements and opinions of scholars in estimating and anticipating inheritance. The other method is the deductive approach, by deriving the legal of Sharia through the inference from dependent and independent sources of legislations, to come up with new provisions. The third method is descriptive analytical approach, by theoretical scanning of the contemporary scientific data, followed by explaining, classifying, and extracting the results. The last method is the critical approach; by indicating the scientific values that the classical scholars and narrators produce, to observe what can be corrected in their provisions. The research found several important results, including the end of the uncertainty reported by the classical scholars in some cases of estimating and anticipating inheritance as stated in the inheritance of fetus and hermaphrodites, where if the doubt is lifted, the dispute is solved. On the other hand, the existence of the uncertainty in some of these cases, although they are not strong that they may contain uncertainty, they will remain within the framework given by the scholars, as stated in the inheritance of the missing persons, those shipwrecked, and those, with all their heirs, died at the same time.