Al-Takharuj Among Heirs: Definition, Terminology, Legal Nature, Rulings, Eligibility, Conditions, Forms, and Methods of Partitioning Its Issues

Abstract

. Abstract

(( This paper sought to examine prescriptions for takharuj (wairer) in bequests; one of the personal status issues. The study began with an explanation of the importance of informants of inheritance of Islamic shari'a and then moved to sulh (reconciliation) through takharuj in heritance. The paper also dwelt on the concepts of sulh and takharuj and their legality as well as the fiqh (jurisprudence) of the takharuj contract; its types and the prescription for each. In addition, the paper tackled the (different) forms of takharuj, the way of its division and gave examples of each version .The paper conduced with justifications for veto on takharuj and importance of takharuj to avoid disputes and maintain mercy and love between members of the same family ))