A Comparison of Rights, Restriction of Rights and the Division of Inheritance to the Heir under Civil and Commercial Laws, Book VI and Family and Inheritance under Islamic Laws (Court of Justice Edition, 2011), B๐๐k II in the Multicultural Community Context

Abstract

The purpose of this documentary research was to compare similarities and differences of rights, restriction of rights and division of inheritance under the Civil and Commercial Laws, Book VI and Family and Inheritance under Islamic Laws (Court of Justice Edition, 2011), Book II.

          From the comparison, the results showed the similarities in two aspects as follows:  1) Definitions of inheritance and Division of inheritance to heirs, and the differences in seven  aspects as follows: 1) Governing law, 2) Legal heirs, 3) The manipulation or concealment of  inheritance, 4) Elimination of the right; not to inherit, 5) Elimination of an heir from inheriting, 6) The shares of  descendants, parents and spouses and 7) Replacement of inheritance with delegation. According to the research findings, it is suggested that the involved persons should  make communities and government agencies more understanding of the similarities and differences of the laws in order to bring reconciliation to the multicultural society.