نحلة الاصول للفروع (دراسة قانونية مقارنة)

Abstract

Abstract

All legal acts are subject to the principle of autonomy of will, so these acts arise in accordance with the general rules of conclusion and enforcement of the contracts. Since parents gift (nihla) for their own sons is considered as the most dangerous financial behaviour that the parents might do it during their lifetime. It enacted for the purpose of love, affection and strengthening the family bonds. It is mostly a donation without conditions or compensation. However, what happens in reality is that the parents divide their money while they are still alive among the decedents of their own sons, therefore they behave either disinheritance the decedents of their own sons or they grant legacy to their sons and disinheritance the daughters or they grant legacy some of sons and disinheritance the others.

The research sheds the light on Jurisprudence and legal provisions for the consequence of these acts in case of favoring one of the heirs over the other by the parents or disinheritance some of them from their legitimate rights.

This research comes to highlights the harmful acts of the rights of the heirs which are conducted by the inheritor in parents gift (nihla) topic to find the border line of validity of these acts on the heirs because these acts will lead to terrible consequences, hatred and grudge among the heirs of the decedents in the worldly life as well as the injustice on which the person will be brought in the Day of Resurrection.

Keywords: rights, males, Islamic law, law.