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학술논문중동연구2012.02 발행KCI 피인용 1

이슬람 상속법에서의 상속인의 자격 연구

A Study on the classification in Successors in Islamic Law of Inheritance

김효정(명지대학교)

30권 3호, 25~49쪽

초록

The law of inheritance occupy a particularly prominent and important position. From sociological standpoint, the laws of inheritance reflect the structure of family ties and the social values and responsibilities within the Islamic community. Above all. the great esteem which this legal system enjoys among Muslims stems from its strong religious significance. In Islam, the main purpose of Inheritance law is material plan for surviving dependants and relatives. They are assigned a strict and comprehensive oder priorities and the amount. Generally, specialists classify in three kinds of successors in inheritance. Shares for all of them are clearly established in Quran and Sunnah. Some relatives have priority over others. However there sequence for eligibility and fixed share distribution. But this classification isn't always available. The presence of certain relatives may reduce the shares of others. In addition the presence of closer relatives may totally exclude distant relatives from inheritance. in this article, not only the reference of Islamic inheritance but also problems of the established classification of successors in inheritance.

Abstract

The law of inheritance occupy a particularly prominent and important position. From sociological standpoint, the laws of inheritance reflect the structure of family ties and the social values and responsibilities within the Islamic community. Above all. the great esteem which this legal system enjoys among Muslims stems from its strong religious significance. In Islam, the main purpose of Inheritance law is material plan for surviving dependants and relatives. They are assigned a strict and comprehensive oder priorities and the amount. Generally, specialists classify in three kinds of successors in inheritance. Shares for all of them are clearly established in Quran and Sunnah. Some relatives have priority over others. However there sequence for eligibility and fixed share distribution. But this classification isn't always available. The presence of certain relatives may reduce the shares of others. In addition the presence of closer relatives may totally exclude distant relatives from inheritance. in this article, not only the reference of Islamic inheritance but also problems of the established classification of successors in inheritance.

발행기관:
중동연구소
분류:
기타지역학

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이슬람 상속법에서의 상속인의 자격 연구 | 중동연구 2012 | AskLaw | 애스크로 AI