The Wife's Exclusive Inheritance: A Comparative Legal and Jurisprudential Study

Abstract

:      This research One of the important topics in Islamic jurisprudence and law For its importance in the scientific aspect And it has made law and jurisprudence A wife's entitlement from her husband's inheritance A quarter or one eighth depending on whether the son is present or not. clearly  Except that when the wife takes all the inheritance  This case was not provided for by law and jurisprudence The Qur’an explicitly provides for determining the wife’s inheritance. Likewise the law so where is the rest of the inheritance? The Iraqi judiciary has tended to  return the rest to the public treasury But what is the solution if the wife is the basis for the collection of her  husband's wealth? Will the matter remain as it is? Here, as long as

 the legal article is absolute, you must read it in several ways  In order to achieve the personal interest of the individual  If no material damage occurred to another  The private interest takes precedence over the interest of the state . As long as the state has no basis in collecting this legacy This is what we will discuss and treat according to the jurisprudential and legal concept.