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Uncle Ruling in Islamic jurisprudence | ||
| Journal of The Iraqi University | ||
| Article 1, Volume 2, Issue 28, 2016, Pages 155-204 | ||
| Author | ||
| Dr. Mahmoud Mohammed Salman | ||
| Abstract | ||
| Conclusion Thank Allah that His blessing is righteous, and I thank him for praising the Almighty in the start and conclusion, and pray, and gave up on the best creatures of our Prophet Muhammad and his family and companion him . After: It is no secret that it is essential for every researcher knocking on a specifying subject to reach it to some of the results , and appear from the research that Islam is a religion in comprehensive systems of life of the individual and the community, and gave everyone his right, aiming to spread love and intimacy between Muslims, and cut the door of disputes and strife, and the most prominent findings : First: The uncle is forbid, and this entails the provisions of such doc-trinal marriage uncle, and touched the girl, and traveling with her. Secondly: the guardianship of the League ,if have a right to, be enti-tled inheritance then he have a right to guardianship and when it has closeness relative and causal prove the guardianship for people with wombs and their uncle, and the more correct of the sayings of the scholars that uncle served in the guardianship on the Sultan whether it has guardianship over a person or money, and the uncle deserving of the Sultan in the marriage of his niece and keeping her money, if not her heir; presence pity him. Third: uncle his nursery; because the womb of forbid has kinship, served in nursery, if the girl adult has cousin and uncle both quite a bit in his religion make them judge when uncle ; because forbid and Cousin is not forbid, only if the conditions that make it not afraid of sedition , and the brother of the father deserving of uncle. Fourth: the most correct opinion of scholars that uncle is spent on the children of his sister and spend it , if there is no one is closer than in the inheritance and innervation, provided that the unspent find what spends virtuous, for the expense of himself and his dependents, re-gardless of inheritance, whether inherited or not inherited, and this utilized with the provisions of the womb . Fifth: likely inherited uncle when it has the owners of assumptions and League; says Almighty( and the owners of-womb some of them some of the accountable for in the book of Allah that Allah knows everything) has shown a verse obligatory legacy with hypotheses and League, was the rest of the people with uteruses first of other legacy. But the prophet Mohammed ( peace and blessings of Allah be upon him) said: the uncle is inheritor of his legacy, and do not make sense with him and inherit . Sixth: Commandment prefer for uncle free in cases where there is no heir, and prefer to relatives who do not inherit . We ask Allah Almighty, acceptance and a good ending in this world and the hereafter . | ||
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