Abstract
It is a fact that different nations brought different solutions to the inheritance issue in each period. Before Islam, the inheritance of the Arabs of Jahiliyya was gained in two ways, one lineage and the other by contract. The person to be inherited and accepted as heir should be a man holding a gun. They did not permit to inherit small children and women, whether male or female. Islam, as it did in many fields, removed the practices of ignorance in the field of inheritance law and implemented a new heritage system based on the Quran and Sunnah. While Islamic law explains most issues in the form of general principles, it has explained inheritance law in such a detailed way as to count the shares one by one. The detailed explanation of the shares of the heirs in the inheritance law in the Quran, Hz. Prophet's hadiths on the topic such as “Learn and teach the science of inheritance. Because the hadiths that say that it is half of the science” enabled the development of inheritance law. While the Quran determines the shares of husband, wife, father, mother, daughter, one parent, one sister and one mother sisters proportionally, the son's share will take the remain. Circumcision determined the inheritance share of the grandfather and grandmother and other details were clarified with ijma. With the death of the inheritor, the first right to acquire the property of the deceased is the right to set aside the expenses required for the equipment and burial. The rights that follow are those of the creditors of the estate. This is followed by the rights of those who were willed. The amount remaining after the payment of these rights is transferred to the heirs. The most prominent reason for being an inheritor in Islamic law is the blood relationship between the heir and the deceased. There is no dispute on this matter. The closest people of a man are his sons, daughters and grandchildren from his blood, that is, his mother, father and their parents, that is, the method. Then come the siblings, who are the children of their parents and their uncles, who are the children of their grandfathers. Islamic law accepted them as inheritors according to their degrees. In inheritance, those who are close come before those that are far. In Islamic law, the feelings of inheritance are shaped by the Book, Sunnah, ijma and companions. When the verses and hadiths regulating the inheritance law are examined, it is seen that a number of principles such as representation and solidarity, compulsion, proximity, need and fair distribution come to the fore in the shaping and implementation of inheritance shares. Persons with inheritance between them are also persons with representation (guardianship) and solidarity among them. For this reason, although situations such as killing the mûri and being from another religion constitute an obstacle to inheritance, there is a relationship of inheritance between an orphan person and the person who made a solidarity agreement, although there is no relationship between birth or marriage. In Islamic inheritance law, being a mûris or inheritor is not left to the will of individuals. Mûris cannot deprive his heirs from inheritance. For this reason, the mûris can only bequeath up to one-third of its property to non-heirs. In the Islamic law of inheritance, inheritance passes by following a sequence from close to far. For this reason, while there is usûl and für, side relatives cannot be inheritors while they are present. The Islamic law did not deprive the spouse of inheritance even if there were other heirs, nor did he deprive the mother and father of the inheritance even though he was a son (grandchild), and gave them their shares on the basis of proximity. Thus, more relatives are allowed to benefit from the inheritance. In the determination of shares in Islamic inheritance law, the needs of the heirs are also effective. Although the deceased have children, the fact that the parents are inheritors and the difference in the share sharing of girls and boys among themselves is the result of the principle of need. Islamic law emphasizes the principle of justice instead of absolute equality with the principle of need. Although the different shares between individuals seem unfair at first glance, in fact, a fair balance is put forward with the principle of completely justice and need. It is essential to ensure fair distribution in heritage shares. For this reason, there is first justice and then equality in inheritance sharing. In this respect, the state is not allowed to confiscate the entire inheritance by disregarding the individual property by compulsory measures by damaging the principle of fair distribution, and it is also not desired to collect the inheritance in certain hands in a way to ensure that the capital is not divided.