The Iraqi Legislator's Choices in Women's Inheritance

Comparative Analytical Study

Abstract

In this research, I dealt with the jurisprudential choices of the Iraqi legislator in the personal status law related to the inheritance of women. The research was divided into four sections, as follows:

The first topic was devoted to the inheritance of the mother, in terms of the cases of her entitlement, and the strength of her position in withholding, and mentioned the position of the law on the case of the remaining third, with an explanation of the doctrines of the jurists in that.

In the second topic, we mentioned the wife's inheritance, her entitlement, the strength of her position, the money inherits from, and her denial of response to it.

In the third topic, it dealt with the inheritance of the girl, the cases of her entitlement, how to return the excess shares to her, and the equality of the law for her with the son in withholding, but even giving her in one case a stronger position than the son

In the fourth and final topic, the study dealt with the inheritance of the sister, in terms of her cases, giving her the power of withholding the brother, and expanding the scope of the obligatory will in the Kurdistan Region to include her children, even if they are related to the kinship.

At the end of the research, I mentioned a number of results that I reached during my research, and made the necessary recommendations, to avoid the problems faced by the experts of the legal divisions in the Sharia courts, and to preserve the sanctity of our personal laws derived from the noble Islamic Sharia, and to remain trusted by the All citizens, so they won't resort to outside the courts in their inheritance disputes

It is worth noting that I made scientific comparisons between the schools of jurisprudence, and tried to legitimize these choices in a legal way. I did not forget to clarify the position of the judiciary in a number of these choices.