Abstract:

When a person dies, certain rights arise over her remaining property. One of them is inheritance. Upon the death of the inheritor, inheritance property descends his heirs. The inheritance property begins as a compulsory partnership if the heirs are more than one person and then it is transferred to personal property with the division of the inheritance. This creates a long-term relationship network between the heirs. Legal systems include detailed regulations on inheritance law in order to prevent possible disputes that may arise between the parties in this network of relations. In Islamic law, many detailed provisions relating to inheritance are regulated in accordance with the Qur’an and the Sunna. For this reason, Islamic inheritance law has been the subject of many studies and compared to other legal systems. In this study, acquisition of inheritance and its division by voluntary or judiciary are discussed within the scope of Islamic law. In addition to this, a comparison between Islamic law and Turkish Civil Law is made in the context of issues regarding to the issue. The study consists of two parts, one of which is the acquisition of inheritance and the other is its division by voluntary or judiciary. Finally, the general evaluation and conclusion in which the two legal systems are compared are given in the study.

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