اختلاف الدين في الميراث في الفقه الإسلامي

Abstract

This research focuses on the topic of religious differences in inheritance from the perspective of Islamic jurisprudence due to its importance in people's lives. The research revolves around the problem of the spread of the phenomenon of attacking and seizing the inheritance of heirs among different segments of society, preventing families from receiving their rightful share, due to a lack of understanding of the rules related to religious differences in inheritance and to what extent does religious difference prevent the obstacles of inheritance in Islamic jurisprudence? Is there another way to obtain Muslim’s property besides the method of inheritance? This research aims to illustrate cases of religious differences and their impact on the rights of heirs from the perspective of Islamic jurisprudence, and to discuss the effects of inheritance disputes and their remedies. In this research, a descriptive approach is used, which attempts to follow the jurisprudential books related to inheritance and cases of religious differences by referring to the reliable sources of the Holy Quran, the collections of prophetic traditions, and modern research that deals with the subject or similar topics, with mention of the opinions of jurists/scholars and their evidence, and the statement of the prevailing opinion with evidence and proof. In addition, the analytical approach is used to interview with Religious Officer in the Brunei Sharia Court. The results of this research indicate that there is no chance for religious difference in inheritance, and it is a common obstacle to inheritance by consensus. However, there is another way for a non-Muslim to take the legacy money through a will with specific conditions.