Al-Biruni Journal of Humanities and Social Sciences

Abstract

The significance of regulating inheritance and wills within the context of legal jurisprudence is clear given the diversity of legislation and its requirement for precision and clarity in order to protect individual rights and accomplish justice. The regulation of property distribution and the administration of bequests after death are directly impacted by the fundamental legal and social issues of inheritance and wills. They are also connected to the jurisprudential and Sharia concepts that underpin the legislation in these domains. The purpose of this research is to compare the laws pertaining to inheritance and wills in Jordan and Iraq in order to identify legislative similarities and differences, as well as relevant court decisions, and to assess how well or poorly they align with respect to legal and jurisprudential principles. In order to provide precise scientific insights that result in a deeper understanding of these issues, the research used a methodology of theoretical and comparative analysis of legislative texts, applicable legal texts, and judicial rulings issued in each country. It also made use of pertinent jurisprudential sources. The findings of the study showed that the broad rules governing wills and inheritance shared a number of similarities. Fundamental distinctions exist, nevertheless, with regard to certain requirements, will types, and inheritance distribution plans. These variations show the jurisprudential ideas and legislative influences that each law has embraced. The findings also demonstrated that while Jordanian and Iraqi laws show flexibility and progress in regulating certain sections, there are still issues with implementing court decisions or bringing principles together to guarantee better execution and enforcement of the law. In order to improve the quality of legislation and protect stakeholders' rights, the study highlights the significance of updating laws in line with social and economic changes while taking into account a true grasp of Sharia and legal principles.
Keywords: Inheritance; Will; Legal Legislation; Court Rulings.

References

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Article history_en

Received : Jun 26, 2023

Revised : Jun 27, 2023

Accepted : Aug 02, 2023

Authors Affiliations_en

ALI FIRAS ALSHIKH 1,*, AMANY RA’ED ALYOUSFY2

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