The effect of the difference of religion on the written inheritance of the wife and her will in the light of the amended Iraqi Personal Status Law in the Kurdistan Region - Iraq (a comparative study)

Volume 9 , Issue 2 , December 2021 , Pages 297-343

Authors

Helmet Muhammed Asaad 1 ; Muhammed Khdher Qader 2

1 Department of Legal Administration, Administrative Technical Institute, Erbil - Erbil Technical University, Erbil - Iraq

2 Department of Legal Administration, Koya Technical Institute - Erbil Technical University, Erbil - Iraq

DOI logo 10.17656/jlps.10208

Keywords

Abstract

Islamic Sharia and the Amended Iraqi Personal Status Law No. (188) of 1959 permitted a Muslim man to marry a woman from the Abrahamic religions while retaining her religion that she had before marriage, without forcing her to renounce her faith, but she is absolutely free to enter Islam or remain as she is. Accordingly, and as a rule, marriage has a financial impact, represented by the inheritance of another once the marriage contract was entered, however, conversely the difference of religion is an impediment to inheritance, Thus, the wife from the Abrahamic religions does not inherit from her Muslim husband, and because of this prohibition of inheritance, Islamic Sharia and the Personal Status Law allow every Muslim man who has a wife from the Abrahamic religions to make an optional will for her that does not exceed one third of the estate, on the one hand, and on the other hand, even if the man did not make an optional will for his wife from the Abrahamic religions, the Iraqi Personal Status Law Amended in the Kurdistan Region - Iraq by Law No. (15) of 2008 imposed on the spouses an obligatory will if the wife was of the Abrahamic religions, but without providing details, which led to a difference of opinions of judges and experts of legal division of inheritance regarding the share of the wife from the Abrahamic religions.

Statistics
  • Article view1066
  • Downloads0
  • Published at1 December 2021

  • RIS
  • BibTeX
  • EndNote
  • Mendeley
  • APA (7th edition)
  • MLA (9th edition)
  • Chicago
  • Harvard
  • IEEE
  • Vancouver