14 October، 2024
Discussion
A doctoral thesis in the private law branch on the controversial issues of blocking, restitution and restitution in inheritance / a comparative study,,,
On Thursday, October 10, 2024, the private law branch at the College of Law at the University of Mosul discussed a doctoral thesis on the controversial issues of blocking, restitution and restitution in inheritance / a comparative study, part of which was attended by Assistant Professor Dr. Wissam Nimat Ibrahim Al-Saadi, Dean of the College, and a number of members of the College Council and its instructors. The thesis presented by researcher Salam Saleh Musleh in the private law branch dealt with exclusion, ‘awl and restitution, as they are considered controversial issues in inheritance among Muslim jurists, and were followed by lawmakers, as each of them had his own opinion and justifications. Exclusion is of two types: exclusion by deprivation and exclusion by deficiency. As for ‘awl, some jurists adopted it when the shares of those with fixed shares exceed the original issue, while other jurists denied working with ‘awl and adopting it. Likewise, Muslim jurists differed on the issue of restitution when the shares of those with fixed shares decrease from the original issue of inheritance when there is no agnate to take his share of what remains of the deceased’s estate. The thesis aims to show that the difference between jurists was imposed by multiple factors and reasons due to the conflict of standards, the commonality of words, and their inclusion of more than one meaning. In addition to that, the legal texts indicating the provisions of inheritance are either texts with definitive meaning or may be conjectural in meaning. The discussion committee was headed by Professor Dr. Qahtaan Hadi Abdul, and included Professor Dr. Nikal Mahmoud Saloum, Assistant Professor Dr. Qais Abdul Wahab Issa, Assistant Professor Dr. Khaled Essam Khalil, Assistant Professor Dr. Taha Saleh Khalaf, and the membership and supervision of Assistant Professor Dr. Nashwan Zaki Suleiman.