THE HERITAGE OF THE KILLER WHO KILLS MUSLIMS IN ISLAMIC LAW

Abstract

Author(s): Suat ERDOĞAN

As in other legal systems, Islamic law has some obstacles which prevent from being an heir, besides the reasons and circumstances of being an heir. Killing one’s own testator is accepted as one of the obstacles in Islamic heritage law literature. In this regard, all legal associations are in a consensus on the rumor that the killer can not be an heir. However, there are different opinions about the type of "katl". According to the majority, there are opinions that mistaken killings are considered as obstacle, although they are not intentional. After all, there are some opinions limited to intentional killings too. The opinions expressed in this context in the article are evaluated within the framework of the general principles of fiqh and crime-punishment.

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