MOHAMMED ABDULRAHMAN ALSUDAYS
Assistant Professor in the Judicial Studies Department
Issue: 100 | Pages: 64-80| March 2025 | https://doi.org/10.54940/si17518330 | PDF
Received:09/12/2023| Revised:10/02/2024 | Accepted:19/02/2024
Corresponding Author: masudays@uqu.edu.sa
Abstract
Title of this Research: The inheritor caused the murder of his inheritee in road traffic accidents and the effect of that on preventing him from inheritance. The research aims to illustrate the cases of murdering the inheritee by the inheritor in road traffic accidents, and what extent each case affect his inheritance from his inheritee, as well as illustrating what the Saudi judiciary has followed in this regard. The research dealt with the establishment and absence of civil responsibility in road traffic accidents and the effect of that on the prevention of inheritance. It dealt with the differences of jurists in considering causing murder as an impediment to inheritance. Then it showed the cases of causing murder in road traffic accidents, as well as applying the sayings of previous jurists to those cases, then mentioning what the Saudi judiciary has followed in this regard through lows and judicial provisions. The researcher adopted the descriptive analytical approach. The most important findings of the research were as follows: 1) The establishment or absence of civil responsibility on the driver has an effect on the prevention of inheritance according to those who believe that the criterion of murder that prevents inheritance is murder guaranteed (by retribution, blood money or expiation) only, among the Hanbalis. 2) The effect of the murder due to road traffic accidents on the prevention of inheritance is based, in most cases, on the disagreement regarding the prevention of inheritance by causing murder. The public believes that it has the ruling of direct murder. 3) The most likely, Allah knows best, is that the person who caused the death of his inheritee in a road traffic accident will not be prevented, unless evidence appears indicating that he did so intentionally. That is what was decided by the Council of Senior Scholars. The Saudi judiciary adopted that.
Keywords
Prevention of Inheritance, Causing Murder, Manslaughter , Traffic Accidents, Road Accidents
How to Cite
ALSUDAYS, M. (2025), The Effect of the Heir Killing the Inherited Person in a Traffic Accident on the Prevention of Inheritance An Applied Jurisprudential Study about the Judiciary in the Kingdom of Saudi Arabia, Journal of Umm Al-Qura University for Sharia'h Sciences and Islamic Studies, Issue 100. pp.64-80. https://doi.org/10.54940/si17518330
License
1658-8738/© 2025 by the Authors. Published by J. Umm Al-Qura Univ. Shariah. Sci. Islamic Stud. This is an open-access article distributed under the terms and conditions of the https://creativecommons.org/licenses/by-nc/4.0/