General principles of inheritance law in the romanian law and the muslim law

AuthorCarmen Teodora Popa
PositionFaculty of Law, Department of Law University of Oradea, Oradea, Romania
Pages34-41
AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs
ISSN 1843-570X, E-ISSN 2067-7677
No. 2 (2016), pp. 34-41
34
GENERAL PRINCIPLES OF INHERITANCE LAW IN THE
ROMANIAN LAW AND THE MUSLIM LAW
C.T. POPA
Carmen Teodora Popa
Faculty of Law, Department of Law
University of Oradea, Oradea, Romania
*Correspondence: Carmen Teodora Popa, University of Oradea, s General Magheru st.
Oradea, Romania
E-mail: bnppopacarmen@gmail.com
ABSTRACT
This article discusses the general principles of legal regulation of inheritance of the
Civil code in force and their comparison with those prevailing in Muslim law. The Muslim
law of inheritance ab intestat -the only “legal one” because really the Muslim law is not
recognized in “testamentary succession”- it produces awe to the one who discovers. Its
technique, but mostly the principles with which they are at the base and the spirit that it
animates (it might not be without regard for the sacred), constitute difficulties for lawyer
largely influenced by French law. More than in any other system of law, we need to look in
history, not so much due to tracking descendants, about which we know quite a bit, as well as
with the purpose to avoid countermeasures meanings in terms of the spirit that animates this
right.
KEY WORDS: MUSLIM LAW, PRINCIPLES OF LEGAL REGULATION OF
INHERITANCE, SHARI`A, THE QURAN, GROUPS OF HEIRS
PRELIMINARY CONSIDERATIONS REGARDING THE LEGAL SUCCESSION IN
ROMANIAN LAW AND THE MUSLIM LAW
The Muslim right fiqhnot within the law, in the sense that we are accustomed to
“modern”, meaning of this expression, that is that it is not a right in the traditional sense.
Fiqh means all those prescriptions, which according to the will of God must lead man
in his religious, moral and political life, so called “the doctrine of human duties. It is an
“ideal”, to all Muslims, we see tangible results that almost everywhere, just like
“dismemberments” in this legal system built for centuries by scholars of Islam. Every Muslim
state is based more or less on its principles, it generates its own rules and is no doubt that Fiqh
has provided Muslim peoples the essence of their legal institutions in a positive way and has
rules that even if there is a mixture of religion, morality and law, they do not lose this first
character.
Understanding the mode of formation of the rules is essential in deciphering the
doctrinal controversies, the multitude of conflicting views and at the same time the
impossibility of giving free legal reasoning, paradox is only apparent and that is explained by
Muslim history law and, in particular, its sources. In Muslim countries, the succession law is a
sector that is appropriate to all and against whom no most legislators do not stand up front
while acknowledging the necessity of submission. The explanation is related to roots closely
linked to the matter of Qur'anic law.
An essential part of Muslim law, the succession law has remained in the modern laws
strongly rooted in tradition: inequality between parties, men and women, the fractions

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