Özet:

The Holy Spirit of Dr. Dr. Member, Mardin Artuklu University, Faculty of Islamic Sciences, Islamic Law Anabilim Dali Asst. Professor Dr., Batman University, Faculty of Islamic Sciences, Department of Islamic Law. Batman, Turkey [email protected] ORCID: 0000-0002-4677-1017 Date of entry: 26.02.2019, Date of admission: 18.04.2019 DOI: 10.34085/buifd.532745 Examples that show that Islamic religion is extremely important to the observance of rights are the most important share of heritage. Indeed, this sharing is the person’s own determination of the form and proportion in which the property should be taxed among the relatives in accordance with the right after his death, without having to make a testament. In this context, a large part of the matters relating to the Legislation of Heritage have not been subject to dispute that the Qur’an and the Sunnah have been declared in a clear way. There is no dispute between the lawyers, because there is no dispute between the lawyers, and there is no dispute between the lawyers. This is one of the most important issues of this is undoubtedly the issue of the red. The remaining inheritance from the shareholders of the shareholders, provided that the assabens are not available, can be expressed in the form of the distribution of the share between them in proportion to red, has been the subject of discussion since the Sahâbe period. There has been a lot of work on this field since the establishment of the fictional science. But we didn’t find a special work on the issue of the red. That’s why we have chosen the red issue as the subject of our work. In the study, the opinions that have been made about whether rejection is legitimate from the beginning of the time and the opinions that have been promoted in the support of these opinions will be tried to identify the opposite opinions, compared to the opinions that are more appropriate. Then the form and examples of the red solution will be placed. In addition, the study will seek answers to important questions such as whether the refusal is contrary to the share of heritage by the Qur’an, whether the Republic’s holding the wife and husband outside the red share is appropriate or not.

Özet:

The most important one in the samples which reflect that Islam extremely gives importance on the observance of rights is the sharing of inheritance. So this sharing consists of the determination related to what kind of ways and at what rate a person’s assets should be allotted among his/her relatives in comply with the equity after his/her death without requiring to make a will especially by a commentator. In this context, a great part of matters related to the inheritance law have not been subject to the controversy as they have been declared with explicit provisions of Koran and sunnah. Accordingly, there are also some matters which are subject to the controversy among the legists as the explicit statements of provisions are not likely to happen. One of the most important matters is definitely the matter of refusal. The refusal that we can state it as the rest inheritance of shareholders’ shares is distributed again among them at their share’s rate has been subject to the discussion from the period of companions. In this study, The opposite opinions will be compared and evaluated after the opinions related to whether the refusal has been the legitimate from the period of companions and the evidence which have been claimed as a support for the opinions are reviewed. Then, the form and samples of refusal solution will be included. Moreover, the answers will be tried to be found for the important questions about whether the refusal is against the inheritance sharing which is made by Koran and whether it is comply with the equity that the public is excluded from the refusal sharing of wife-husband

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