The Comparative Legal Review Of Some Of The Rules Of Roman And Sharia Inheritance Law

This topic is discussed precisely because of the interesting features of the Roman and Sharia law, as well as the particularities and specificities in regulating these areas. Due to the extensiveness, diversity, and detail of these laws, the area of inheritance law has been selected as the basis of comparison, and, therefore, this paper will be based on a comparison of the similarities and differences of norms covered by the inheritance law regulation. In terms of the Roman law, although the Roman state ceased to exist over 1500 years ago, the Roman law is studied as a separate subject, or integrated into legal and historical subjects, as well as an introduction to the European law or positive civil law. It had been one of the first sciences to become a subject of university study, and it is of paramount importance to the jurisprudence. The period from the mid-8th century B.C. to mid-6th century A.D. was marked by the rise, flourish, and fall of Rome. Throughout its thousand-year development, the Roman law advanced from a national law of a primitive agricultural people into a law known by just about the entire world at the time. The Roman jurist Gaius made the division of the private law into personae, res, and actions in the Institutes. Ius ad quod personas partinet is law that applies to persons, and includes legal norms governing personal rights and personal relationships, while Ius ad quod res partinet is law relating to the material, and contains a set of rules which regulate the property relations between people. It comprises two large sets of rules, namely: inter vivos (between the living) and mortis causa (in prospect of death). Rules mortis causa are marked as the rules of inheritance law, and thus the rules of real property/real estate law, law of obligations, and inheritance law are distinguished. Sharia law is an integral part of the Islamic faith. The regulations of the Sharia inheritance law are based only on the Qur'an, Hadith and Ijma, while the Qiyas does not serve as a legal source of the Sharia inheritance law. For the most part, the Qur'an itself expressly set out the rules of inheritance law, and this is particularly the case with the aliquot parts of the ashab-al-fara'id heirs and the hereditary order. The most important provisions are contained in the Surah (Sura) An-Nisa, in verses 10, 12, and 176. The more important institutes of both laws, which concern the branch of inheritance law, will be further elaborated in the discussion to