The inheritance of a girl in Islamic Sharia and Iraqi law

Abstract

Islam has dealt with the issue of a daughter’s inheritance wisely by defining their shares of the inheritance with each heir so that the inheritance is not confined to the hands of some heirs, such as males only, and the necessity of the daughters spending on themselves according to their needs, and to expand the circle of benefit from the inheritance, The Noble Qur’an stipulated the amounts of their inheritance, as well as the Prophetic Sunnah and some jurisprudential issues on which there is consensus on matters concerning the inheritance of daughters, Which leads to achieving justice and equality for women and confirms her position in society, as well as making her an active and productive element, God Almighty took the estimation of the inheritance and did not give it to the servants and their whims and the inheritance of the girl in Islam came to confirm her right that many civilizations and other legislation denied, and that the exceptions in the original rules of inheritance were all cases in favor of the woman and not a defect of those rules, Rather, it is an appreciation of women, so we find that the rules of inheritance in Islamic legislation are the most just and sound at all, and carry within themselves a fair balance for humanity, For this reason, the legal texts must be carried out to reform and amend in a manner that guarantees women of their legally prescribed rights, The motive for researching this topic is to achieve a balance between the systems that govern inheritance by making a comparison between Islamic systems and man-made systems and setting inheritance rules according to the provisions of Islamic Sharia in the texts of the Noble Qur’an and comparing it with the related and integrated positive rules that serve all inherited issues.