vol 25 no2,2025
The Inheritance System in Kazakh Civil Law: a Comparative Study with Islamic Jurisprudence Preparation
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The Inheritance System in Kazakh Civil Law: a Comparative Study with Islamic Jurisprudence Preparation
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Bolat Kozhban Faculty of Sharia University of Jordan/Jordan This email address is being protected from spambots. You need JavaScript enabled to view it. |
Mohammed Tawalabah Faculty of Sharia University of Jordan/Jordan |
| Received :12/11/2023 Accepted :26/06/2024 |
Abstract:
This study deals with "the inheritance system in Kazakh civil law, a comparative study with Islamic jurisprudence" and worked on a comparison between Kazakh law and Islamic jurisprudence in terms of defining inheritance, its sources, causes, types of heirs, their ranks, and barriers to inheritance, showing the areas of agreement and difference, while highlighting the aspects of distinction. For Islamic jurisprudence.It aims to explain the meaning of inheritance in Kazakh law, explains its sources, causes, types of heirs, their ranks, the most prominent aspects of the agreement, and the difference between Kazakh law and Islamic jurisprudence.
The methods of induction, deduction, and analysis were followed in order to reach the research results.
The study concluded with a number of results, the most prominent of which are: The Kazakh Civil Code relied in its sources on the Civil Code of the Republic of Kazakhstan, on the rulings issued by the Supreme Court, and on martial law as a source of law that issues from unwritten rules. Another finding of this study is that the Kazakh Civil Code's regulation of inheritance was deficient and contrary to Islamic jurisprudence in its arrangement of heirs, and in many of its provisions. The study recommended reconsidering many of the legal articles in the Kazakh civil law, and not adopting the civil law that favors one gender over another. It also recommends studies, universities and institutes interested in Sharia sciences to pay great attention to this science, and to spread it globally, and include it in the media and scientific competitions. This is a statement of rights, a defense of injustice, and a demonstration of the comprehensiveness of Islam.
Keywords: inheritance, agreement, difference, law, Sharia.