Heirs Waiving their Financial and Real Rights according to Islamic Jurisprudence

Abstract

This research highlights several Islamic jurisprudential rulings related to heirs or some of them who waive their financial or real rights to the dead’s legacy. Such a waiver is frequently granted for many reasons, the most important of which are: taking into account an heir's financial or in-kind need, unlike others who are financially self-sufficient. They are not poor or needy like this heir. This individual or collective waiver must be granted with the renouncer’s full consent. S/he shall not be coerced or threatened to do so. This waiver should not be granted out of a self-interest that harms one of the heirs. This inheritance waiver must be fully registered at the accredited notaries so that the assignor's offspring could not deny or abuse it. Thus, the research investigates a set of rulings and conditions related to waiving inheritance rights according to Islamic jurisprudence. Therefore, this research aims to achieve some objectives, the most important of which are:

1-Discern and regulate rulings related to inheritance waiver.

2- Explain the means of registering this waiver.

3- Achieve community solidarity with poor relatives.

4- Clarify mistakes made during waiving the inheritance.

5-Clarify jurisprudential regulations governing inheritance waiver.