Issues Of Inheritance Research Articles

Analysis of the Use of Daif Hadith in the Fatwa on Islamic Inheritance Law (Faraid) in Malaysia

This study examines the status of hadith that can be used as an argument in fatwa involving legal (hukm) affairs and evaluates the status of the hadiths used in the fatwas of Islamic inheritance law (faraid) issued by state Mufti departments. This study was conducted based on recorded previous studies on the use of daif hadith in fatwa related to the issue of will (wasiat), and its significant effect in violating the principles of fatwa and causing differences in fatwas on the same issues. The methodology of this study is qualitative, by which the data were collected through library research and field studies. The library research was done by examining books of usul al-fiqh, hadith, articles, enactments, and related circulars, while field studies were conducted using unstructured interview method with selected Muftis. The findings show three decided fatwas on faraid issues by state Mufti departments; the issue of inheritance to dhu arham heirs; the issue of nominee status in EPF; and the issue of remuneration, compensation, and consolation status in faraid. However, only the issue of inheritance to dhu arham heirs used arguments from the hadith. The study also found three out of five Mufti departments argued with daif hadith in the fatwa on issue of inheritance to dhu arham heirs, while the other two state Mufti departments argued on the authenticity (sahih) of the hadith in the issue of the matter.

Inheritance of microstructure and mechanical properties in laser powder bed fusion additive manufacturing: A feedstock perspective

Correlation between the feedstock powder and the as-printed products is well expected in laser powder bed fusion (LPBF). However, the inheritance/heredity relationship between the feedstock powder and the products remains broadly overlooked since most atomized powders are printed without any modification. This study addresses the inheritance issue through comparing the hydrogenation/dehydrogenation (HDH) Ti powder with the ball-milled (BM) Ti powder, as well as the respective as-printed samples. Rietveld refinement, focused ion beam, electron backscatter diffraction, and transmission electron microscopy are employed to characterize the microstructure; uniaxial tensile tests and fractographic observation are performed for the mechanical analysis; single-track finite element simulations are conducted to reveal the varied powder-bed properties. A “core-shell” powder structure has been generated through the ball milling modification. Nano-crystallites in the “shell” and stress-induced twins have brought significant grain refinement to the BM powder. A β-to-αm massive transformation has been observed in the samples printed using HDH powder, whereas the microstructure changes to fully-martensitic when using BM powder as the feedstock. Excellent mechanical performance (∼1000 MPa tensile strength with ∼20% ductility) have been achieved through inheriting the fine microstructure and oxygen content from the BM powder, which are induced by the powder modification process. This study has therefore unveiled the comprehensive correlation between the feedstock powder and the as-printed Ti, highlighting a novel methodology for developing additively-manufactured, cost-effective, and high-performance materials through tailoring the feedstock powder.

Consequences of the Final Civil Decision in the Criminal Trial Pursuant to the Albanian Legislation

Judicial jurisdictions are separated; the criminal court has the jurisdiction to adjudicate charges brought by the prosecution, whereas other jurisdictions are exercised by the civil court and the administrative court. Thus, civil cases or in other words disputes between private entities, such as contractual obligations or inheritance issues, etc., are settled by the civil court, while disputes between individuals and public administration fall within the scope of administrative jurisdiction. Therefore, depending on the type of case, in Albania there are courts with separate judicial jurisdictions. However, in quite a few cases we might face cases where the different judicial jurisdictions are interwoven between them, in other words the consequences of a civil trial can affect the criminal trial. This paper will analyze the legal provisions in Albania, how to act in cases of resolving a case with a final civil decision in relation to facts, which are also being adjudicated in the criminal process. This paper will also analyze the role of the final civil decision in the criminal trial. Domestic court practice will be considered in terms of the impact that a civilly resolved case by a final court decision has on a criminal case.
 
 Received: 31 May 2021 / Accepted: 31 September 2021 / Published: 5 November 2021

Inheriting Social Media Accounts: Russian and Foreign Experience

Due to the development of computer technologies and the use of social networks not only for personal, but also for commercial purposes, the need for legal regulation of relations as to the use of creative work results posted in social networks, as well as issues of inheritance of these results following the death of the account author, has increased. Judicial practice has already seen cases of legal disputes regarding social networks; abroad, separate legal approaches are being developed to determine the legal nature of social media accounts and to consider the results of creative work that are posted on such accounts. In the paper, the author analyzes Russian and foreign experience and makes a conclusion about the way the inheritance of accounts is regulated in domestic and foreign judicial practice. The author analyzes the legal regulation of relations regarding social media accounts and issues of their inheritance, taking into account the creation of a new virtual reality, and reveals possible ways of legal protection of the results of creative work created using virtual and augmented reality technologies.

Simple Capacitor Voltage Balancing for Three-Level NPC Inverter Using Discontinuous PWM Method With Hysteresis Neutral-Point Error Band

Three-level neutral-point-clamped (3L-NPC) voltage source inverters are widely used in many low- and medium-power applications. However, the 3L-NPC inverter has an inheritance issue of the neutral-point (NP) voltage unbalancing due to the deviation of dc-link capacitor voltages causing distortions for the output waveform quality. Generally, discontinuous pulsewidth modulation (DPWM) is used to diminish the stress on power transistors and prolong their lifespan, however; it is not capable of solving the issue of NP voltage unbalancing. Therefore, this article proposes a simple voltage balancing control based on DPWM with a hysteresis NP voltage band. The balancing control method is only activated once the capacitance voltage error exceeds the hysteresis band by generating a momentary offset on the opposite direction of the DPWM offset. In this way, both top and bottom capacitance voltages will converge within a predefined error band. Various hysteresis error bands are investigated by analyzing the power losses, total harmonic distortions, and common mode voltage. The advantages of this proposed method are its simplicity and ease of control while maintaining the features of DPWM. The effectiveness of the proposed method is validated using simulation and experimental results.

The Softskill and Hardskill forms of Tunjuk Ajar Melayu in Nyanyi Panjang Bujang Si Undang Palalawan Society of Riau Province

This research is based on issues of tunjuk ajar inheritance that is no longer exists. The purpose of this study is to reveal and explain the points of tunjuk ajar Melayu Riau. This research is a content analysis research using qualitative descriptive methods. The method in analyzing the data in this research is carried out through three activities, namely: (1) data reduction, (2) data display, and (3) concluding. The results of this study are 4, namely: (1) teaching value related with the faith and piety in Nyanyi Panjang Bujang si Undang can be seen from the indicators of the behaviour of believing in God, doing the commands and leaving God's prohibitions, trustworthiness, sincerity, shame, low heart, and obedience to mother and father; (2) Tunjuk ajar in Nyanyi Panjang Bujang si Undang is reflected in the behaviour of saying as what it is, acting based on truth, and being responsible; (3) the intelligence character found in Nyanyi Panjang Bujang si Undang includes behavioural indicators, such as: directed, logical, and analytical thinking, being able to find solutions, careful, far-sighted, and the priority to study; and (4) nationality values in tunjuk ajar include behavioural indicators relating to unity and integrity, cooperation, rights and property, consensus agreement, and obedience to leaders.

International and national sources of inheritance law: on the question of definition of content

In the scientific article the author conducted a scientific study of the concept and content of international and national sources of inheritance law. Based on the study, the author concluded that the system of sources of inheritance law of Ukraine can be represented as follows: I. The basis of inheritance law (Article 41 of the Constitution of Ukraine). ІІ. International treaties and national law governing inheritance relations complicated by a foreign element: the Law of Ukraine “On Private International Law”, the Convention on the Conflict of Laws Concerning the Form of Testamentary Dispositions, the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, bilateral agreements on legal assistance and legal relations in civil and family matters governing the issue of inheritance, consular conventions regarding the settlement of inheritance issues. III. Acts of civil law that regulate inheritance: Civil Code of Ukraine, including Book Six, certain rules contained in other laws of Ukraine and equivalent regulations on inheritance issues (including Family, Tax, Land, Civil procedural codes, laws of Ukraine “On ensuring the rights and freedoms of citizens and the legal regime in the temporarily occupied territory of Ukraine”, “On notaries”, “On copyright and related rights”, etc.), resolutions of the Cabinet of Ministers of Ukraine and legal acts of the Ministry of Justice of Ukraine on issues related to inheritance. IV. Legal custom or contract, including inheritance agreements, agreements of heirs to determine the order and size of inheritance shares. V. Judicial practice on inheritance issues: resolutions of the Plenum of the Supreme Court of Ukraine “On judicial practice in cases of inheritance”, letter of the Supreme Specialized Court of Ukraine on civil and criminal cases “On judicial practice of civil cases of inheritance”. VI. Decisions of the Constitutional Court of Ukraine adopted on the official interpretation of the rules of inheritance law, including in the case of the right to a mandatory share in the inheritance of adult incapacitated children of the testator.

Research of the experience of legal regulation and use of European inheritance certificates of the regulation on succession

The article reveals the problems of inheritance with a foreign element. In the modern world without borders, people change their residence, own real estate, keep bank accounts, and possess other property in different countries. This cannot but have consequences for succession. This, in turn, can create some difficulties, cause disputes between the heirs, and will undoubtedly affect the costs of registration of the inheritance. Another common problem is that a will made in one country may not have legal effect in another country where it must be executed. These and many other issues could not remain unresolved at the level of the European Union. A unified approach to solving many inheritance issues was found through the adoption of Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on the jurisdiction, applicable law, recognition, and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. This provision came into effect on August 17, 2015, and applies to cases of inheritance arising after this date. Inheritance cases are formalized by one competent authority (court or other instance) in one state.

The Islamic Law of Marriage and Inheritance in Kenya

AbstractArticle 24(4) of the Constitution of Kenya qualifies the right to equality “to the extent strictly necessary for the application of” Islamic law “in matters relating to personal status, marriage, divorce and inheritance”. Section 3 of the Marriage Act provides that, although spouses have equal rights during marriage and at its dissolution, “the parties to an Islamic marriage shall only have the rights granted under Islamic law”. The Law of Succession Act states that it is generally not applicable to the estate of a deceased Muslim. In this article, the author examines case law from the Kadhi's Court, the High Court and the Court of Appeal on issues of Muslim marriages and inheritance. These cases illustrate, in some instances, the tensions between Islamic law and human rights.

Peculiarities of inheritance of deceased's property in international private law

Introduction. The paper is devoted to the study of the peculiarities of the inheritance of deceased property in private international law. The concept of “foreclosed property” is defined. The relationship between the terms “foreclosed property” and “dead heritage” has been clarified. Purpose. In private international law there are two theories (principles) of acquisition of ownership of foreclosed property: the theory of occupation and the theory of inheritance. The essence of each of the approaches to the inheritance of property by the state in private international law is clarified. The list of countries where the “principle of occupation of foreclosed property” is enshrined in law and the countries that apply the theory of inheritance on the principle of the closest connection. Results. The opinions of scientists on the expediency of applying each of the principles have been studied. It has been found that the most effective way to overcome conflicts over the inheritance of foreclosed property between states is through international agreements. In all international treaties governing the relations of inheritance with a foreign element in which Ukraine participates, the same solution to the issue of inheritance of foreclosed property by the state is enshrined. Movable property shall become the property of the Contracting Party of which the testator was a national at the time of death, and immovable property shall become the property of the Contracting Party in whose territory it is located. Conclusion. It is concluded that the application of the third principle of inheritance of foreclosed property in private international law – the “principle of splitting the hereditary statute”.

INHERITANCE CONFLICT IN ISLAMIC LAW

Conflicts between heirs also often occur because of the natural attitude of humans who do not want to give in and want to win themselves, in order to get the largest share of the inheritance among other families. Problem Formulation How is inheritance conflict in Islamic law The purpose of this research is to find out inheritance conflict in Islamic law.The method used in this study is a sociological juridical approach, namely an approach to the problem through legal research by looking at the legal reality in practice, then connecting it with the facts that exist from the problem to be examined.The problem of the distribution of inheritance has become a phenomenon that often occurs in society from the past until now. Because the distribution of inheritance is very sensitive. Often a conflict in the midst of the family. However, people who are Muslim apply to the Islamic Inheritance Law, the point is that inheritance issues can trigger the rift in family relationships. This happens if the distribution of the inheritance is not in accordance with the rules and signs that have been set by Allah in the Qur'an

WASIAT WAJIBAH UNTUK ANAK ANGKAT PERSPEKTIF SIYĀSAH AL-SYAR’IYYAH

Provisions of the wajibah testament to adopted child contained in the Compilation of Islamic Law Article 209 verse 1 and 2 constitute a renewal of Islamic inheritance law in Indonesia, but many legal experts doubt the validity of this provision and assume it does not have a clear legal basic in the form of naṣ (maṣadir al- ahkām), the method of istinbath (qaidah al-ahkām) and the purpose or legal implications (maqaṣid al-ahkam). This study aims to verify the validity of the wajibah testament to adopted child with the siyāsah al-shar'iyyah approach. The results of the study showed that the wajibah testament to the adopted child are legal rules that run based on government policy to resolve the issue of inheritance between heirs or persons who have a close relationship with the heir but is prevented from inheriting. The government is making the wajibah testament for adopted child in KHI as a solution to resolve this problem.

The Adoption of Found Child According to Islamic Law and Law No. 3 of 2006 on Religious Courts in the Perspective of Maqasid Al-Shari'ah

Islam is a religion that regulates everything in the life of Muslims. No exception in the case of adoption, the jurisdiction of the court up to the adoption of a minor. in the case of child adoption. Today, Islam applies limitations in some matters, such as the prohibition of lineage, the establishment of non-mahram relationships to the issue of inheritance and guardianship. In addition to that field, there is the authority of the judge in the Religious Court to be ijtihad to determine the best decision for the child of the findings as the extent of its authority is based on Law No. 3 of 2006 on Religious Justice. The purpose of this study is to analyze how the legal impact on the adoption status of the findings based on the rationale maqasidus syar'i and its relevance to the development of Islamic law. Research methods use the study of literature through its sources of reference through primary law, both derived from religious sources and from positive legal sources that apply in Indonesia. In addition, the researcher used jurisprudence from the relevant judicial decisions used.The results of this research are (1) through the approach of maqasid al shari'ah doruriyah that children (including children of discovery) must be protected their rights, both their right to life (an nafs) and their intellect (al aql), the right of lineage, religion, as well as paying attention to his rights, including his right to obtain the obligatory will/right of inheritance from the parents who raised him (al maal), (2) The legal impact is, the child is found as a person, he is an orphan so the religious treatment is the same as an orphan. While the adopted child then the legal status can be assessed through recognition by the adoptive parents such as the child of guardianship, then the adopted child has the right to be guarded by his adoptive parents due to the absence of a lineage guardian. (3) While the relevance to the development of Islamic law is that in maintenance (other than the issue of lineage and inheritance), then the child has the same protection and education status of both adoptive parents. There is a need for efforts from various related parties to prioritize the benefits to protect from unwanted things and save the lives of children.

Наследование имущества индивидуального предпринимателя

The last will issues are always relevant, since they are associated with the desire and ability of a citizen to provide financially for their heirs. The current legislation takes into account the will of the testator and reflects, to some extent, the changes that occur in society. The present article features the current inheritance law of the Russian Federation, which, as it appears, do not reflect the special legal status of an individual entrepreneur. The authors analyzed statistical data confirming the place of individual entrepreneurs in the modern economy. The legislation on inheritance underestimates this fact, which leads to a violation of people’s rights and negative consequences in the business sphere. The research objective was to consider the issues of inheritance after the death of an individual entrepreneur, taking into account the preservation of the business, the stability of civil circulation, and the interests of the testator. The authors examined the existing approaches to the legal status of an individual entrepreneur and various cases of controversial conclusion about the property inheritance. They also assessed the effectiveness of legal regulation of inheriting the property of an individual entrepreneur and developed options for preserving the business, including a trust management agreement for inherited property. However, the notarial practice in this regard remains quite inconsistent. The paper contains several proposals for improving the current inheritance law.

Matthew 1:1–17: Cultural Subjugation of Women in Shona Communities in Zimbabwe: A Hermeneutical Study

The space accorded women in the genealogy of Jesus Christ glowingly typifies the subordination of women in African communities generally. Appositionally, 42 men against five women are mentioned in the family tree of Jesus in Matthew 1:1–17. The domination of males in the lineage of Christ rebuts the theology of Jesus as “the seed of the woman” (Compton 2018, 1; Hamilton 2006, 30; Luther 1958, 192). The relegation of women to a silhouetted horizon in the ancestral lineage of Jesus typifies the manner in which Shona traditions in Zimbabwe peripheralise women in issues of property and inheritance (Kambarami 2006, 7; Ncube 1996, 9; Riphenburg 1997, 33). In this article, I interrogate the status of women in the Matthean lineage of Jesus in light of patriarchal suppression of women in inheritance and property rights in Zimbabwe.

میراث الحمل والخنثى فی ضوء المستجدات الطبیة دراسة مقارنة

يشهد العالم تطورا کبيرا في مختلف العلوم، کان لهذا التطور أثرا على الأحکام الفقهية، ومن ذلک مسألة ميراث الحمل والخنثى، حيث أدى التطور في علوم الطب إلى الکشف عن حقائق علمية لم تکن في متناول المتقدمين من الأئمة الفقهاء، ويتناول هذا البحث مسألة ميراث الحمل والخنثى عند الفقهاء وما استقر عليه رأي القانون المصري، مسترشدا بمستجدات العلوم الطبية وتطبيقاتها في عمليات الحمل والإخصاب، وعمليات الکشف عن حقيقة الجنس وتصحيحه، وقد تم تقسيم البحث إلى فصلين رئيسين، يحوي کل منهما أربعة مباحث، خصصت الفصل الأول للحديث عن ميراث الحمل في ضوء المستجدات الطبية، أما الفصل الثاني فهو خاص ببيان ميراث الخنثى في ضوء المستجدات الطبية، وقد حاولت استقراء المسألة من خلال کتب وآراء الفقهاء المتقدمين والمتأخرين، مع المقارنة بين هذه الآراء والترجيح متى کان للترجيح وجه، مع التعرض لموقف قانون الميراث المصري في ميراث الحمل والخنثى، ومن خلال هذا البحث تبين أن الفقهاء المتقدمين رضوان الله عليهم ناقشوا مسألة ميراث الحمل والخنثى في ضوء ما وصل إليهم من شرع، وما قدحته أو أحاطت به أذهانهم من علم، إلا أنه في ظل المستجدات الطبية يمکن علاج کثير من حالات الالتباس والتقدير في ميراث الحمل والخنثى، وأنه أصبح الوقت ملائما لاعتماد النتائج العلمية المخبرية، والتحاليل الطبية المعتمدة والرسمية، عند تقدير ميراث کل من الحمل والخنثى، وتضمين ذلک في نصوص قانون الميراث المصري. Advancement in medicine has uncovered scientific facts that were not available to the earlier jurists. The present research paper deals with the issue of the inheritance of the embryo and the hermaphrodite as seen by the jurists and the Egyptian law in the light of the recent medical advancements and the application of new methods of pregnancy, artificial insemination, and gender revelation of the fetus. The research paper consists of two main sections, each of which deals with four topics. The first section is concerned with the inheritance of the embryo in the light of the recent medical advancements, whereas the second deals with the inheritance of the hermaphrodite. I have studied this issue of inheritance in the writings of the modern jurists as well as in the writings of the earlier ones. This research includes drawing comparisons between the jurists’ rulings and making preferences when appropriate, while tackling on what the Egyptian law stipulates in this connection. This research finds that the time has become ripe for the approval of scientific lab results and approved official medical analyses, when assessing the inheritance of both embryo and hermaphrodite. Then, this should be incorporated into the Egyptian law of inheritance.

Tender Mothers: Breastfeeding, Wetnursing, and the Limits of Social Critique From the Late Ottoman to the Early Republican Periods (1880-1930)

The historical background of wet-nursing dates back to ancient ages as early as 2000 BC Wet-nursing originally arose from a peculiar demand in milk for those who were not capable of producing it for their babies because of the milk shortage in their breasts. Mother’s milk has played a significant part in the health of neonates in the absence of infant formulas. However, wet-nursing took the shape of a line of work in the long term and kept its existence until the rise of the 19th century’s new infant feeding practices, such as milk bottles. At the turn of the 20th century, wet-nursing has already been in disfavor against contemporary scientific developments and also turned into a target of social critique. Popular literature of medical instructions and the intelligentsia who provide the social consciousness of the urban middle classes every so often expostulated that Turkish women abstained from domestic tasks. The essential character of critique intertwined with the normative gender performances and evoked the voice of centralization. Furthermore, wet-nursing used to function in creating kinship between families according to Islamic tradition and might have caused acute social complications, like the marriage between milk siblings or inheritance issues. This article tries to analyze the breast-feeding and wet-nursing practices in the late Ottoman and early Republican periods in the context of gender roles through the popular literature of the period.

Evaluation of Genetics of Obesity and MC4R Deficiency: A Gene-oriented Approach to Obesity

Obesity is a multifactorial and complex health problem that is affected by several factors including genetic, environmental, social,behavioural, and biological aspects. Even though the influence of other environmental and behavioural factors such as sedentary lifestyle, high-calorie nutritional intake, and the inadequate expenditure of energy are acknowledged as important aspects that cause obesity, the issue of inheritance is indisputable. The study aims to investigate the effects of inheritance on obesity and examine how understanding and detecting genetic reasons behind obesity may benefit the treatment and prevention of the obesity epidemic. The relationship between common gene variants and obesity is now being studied through the emergence of GWAS. It is undeniable that genetic mutations and gene deficiencies particularly MC4R deficiency are significant factors. The process of detecting genes that create a tendency to obesity is currently being studied. It may be possible to prevent and treat obesity with the detection of certain genes.

THE DOMINATION OF PATRIARCHISM IN INHERITANCE CUSTOMARY SYSTEMS

There are two objectives to be achieved by this study, first revealing the dominance of patriarchism in systems of inheritance. Secondly, revealing efforts to represent resistance to the customary systems of inheritance in literary works of Balinese cultural background. Theoretically, this research has an urgency for the development of literary discourse, while practically giving an understanding to the public about the attitude of inheritance issues in Bali. Theories of literary sociology and feminism are used as a basic foundation for analyzing the problems offered in this study. The main data sources of the research are two novels by Oka Rusmini, namely Tarian Bumi and Kenanga and two short stories by Putu Fajar Arcana, namely Sulasih and Wardani Marriage. After the data has been collected using the literature study method, then it is analyzed based on a descriptive qualitative method. The results show that the dominance of patriarchism in the adat system of inheritance has created social inequality. The customary inheritance system rules in literary works (Tarian Bumi, Kenanga, Sulasih, and Pernikahan Wardani) are monolithic, showing no partiality towards girls. Daughters who have “ninggal kedaton” (married) do not get a family “gunakaya” inheritance (gono gini). Efforts to resist patriarchal domination as represented in various literary works, starting with the character Luh Sadri, took repressive actions to sue for the distribution of inheritance, deceit, and be tough.

A Comprehensive Study on Scope and Challenges in Digital Inheritance

We are living our life online more and more nowadays. We access internet banking, investments online and into communication with our family and friends through various social media and other means over the internet. In this context it is becoming more and more important that what happens to our digital existence after our death. In the process of digital inheritance, digital media is handed over to the beneficiaries in the form of rights and digital assets understanding the rights that exist with the beneficiaries after a person's death. As the digital inheritance concept is quite fresh, substantial legal systems are yet to be established to deal with matters after our death. It is for that reason the websites who govern the act of the users. It is clear that a comprehensive legal arrangement is necessary to address this important issue of digital inheritance and hopefully this will be dealt with by the various Governments across the world in due course. This paper explains the concept of Digital Inheritance and explores the various options social media services provide for managing a deceased user’s data.[1] An effort is also made to suggest that Digital Will may be a choice to address this problem.