كيفية توريث الجد مع الإخوة في الفقه الإسلامي والقانون اليمني: دراسة مقارنة

Abstract

The study aimed at investigating into a very important aspect of life in that it is indirectly linked to human financial demands. It outlined the legal perspectives of those Islamic scholars who supported the equity of inheritance in the case the dead left behind a grandfather and some brothers; the researcher concluded that this issue has three clear-cut viewpoints, namely: Ali Ben Abi Taleb's approach, Zaid Ben Thabet's approach, and Abdullah Ben Masood's approach. Moreover, there has been a great consensus among Islamic scholars that Ali Ben Abi Taleb's approach is the most followed judgment of the equity of inheritance among them. The collected data also revealed that Taleb's approach is also supported and applied in the modern Yemeni legislation and law except in one case which states that if the grandfather inherits less than one-sixth, he should be given one-sixth of what the dead left for inheritance. The dead's grandfather should not also be given the equity of inheritance if the dead left sisters.