The inheritance of a daughter and a sister in Iraqi law - A comparative study -

Abstract

The daughter and the sister are the ones who have the duties in the inheritance، and the obligors in inheritance have an estimated share in the book of Allah (Holy Quran)، the sunnah of his messenger، or the consensus. This is what the Islamic Sharia brought and adopted by most of the man-made laws in Islamic countries. But the Iraqi legislator، in Article (91/2) of the Personal Status Law in force for the girl، gave her what was left of the estate after the share of the husband and parents. In Article (89/4) with regard to the sister، it considered her as a full-brother by withholding. These texts have flaws that need to be amended، and it is better for the legislature to take note of them in the draft amendment to the new Personal Status Law.