LIABILITIES AND FINANCIAL OBLIGATIONS EXCEEDING THE VALUE OF A DECEASED PERSON’S PROPERTIES (TARAKAH) IN ISLAMIC SCHOOLS

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GHODRATI FATEMEH

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Journal: FIGHE MOQARAN Year:2016 | Volume:4 | Issue:7 Page(s): 81-97

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Information Journal Paper

Title

LIABILITIES AND FINANCIAL OBLIGATIONS EXCEEDING THE VALUE OF A DECEASED PERSON’S PROPERTIES (TARAKAH) IN ISLAMIC SCHOOLS

Author(s)

GHODRATI FATEMEH | Issue Writer Certificate

Keywords

DEBTS

FINANCIAL OBLIGATIONS

DECEASED PERSON

DECEASED PERSON’S PROPERTIES

ISLAMIC SCHOOLS OF LAW

Abstract

An important question after the death of a testator is whether his or her DEBTS and obligations are cancelled when exceeding the value of the DECEASED PERSON’s properties or they are exigible from the possible revenues derived from his or her properties in the future. Many scholars believe that, considering the completion of the Dhimma (obligation) and Ahliyyat (capacity for acquisition) after death, DEBTS and obligations are cancelled and the revenues derived from the properties of the DECEASED PERSON belong to the heirs. Using a descriptive-analytical method, the present study aims to reexamine the principles of the theory of the termination of obligations after death and the status of obligations exceeding the value of the DECEASED PERSON’s properties until the return of DEBTS from the perspective of Islamic schools. The paper also aims to study the relationship between Tamattu (enjoyment) and Dhimma (obligation) and to present arguments for the persistence of obligations after death besides critiquing the principles of different views on the issue. Finally, the paper concludes that DEBTS and obligations persist after death as the obligation of the DECEASED PERSON. According to this view, not only the DEBTS must be paid from the properties remained after death but also the exceeding amount is exigible. Therefore, the revenues derived from the properties belong to the DECEASED PERSON until the complete liquidation of DEBTS.

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APA: Copy

GHODRATI, FATEMEH. (2016). LIABILITIES AND FINANCIAL OBLIGATIONS EXCEEDING THE VALUE OF A DECEASED PERSON’S PROPERTIES (TARAKAH) IN ISLAMIC SCHOOLS. FIGHE MOQARAN, 4(7 ), 81-97. SID. https://sid.ir/paper/266993/en

Vancouver: Copy

GHODRATI FATEMEH. LIABILITIES AND FINANCIAL OBLIGATIONS EXCEEDING THE VALUE OF A DECEASED PERSON’S PROPERTIES (TARAKAH) IN ISLAMIC SCHOOLS. FIGHE MOQARAN[Internet]. 2016;4(7 ):81-97. Available from: https://sid.ir/paper/266993/en

IEEE: Copy

FATEMEH GHODRATI, “LIABILITIES AND FINANCIAL OBLIGATIONS EXCEEDING THE VALUE OF A DECEASED PERSON’S PROPERTIES (TARAKAH) IN ISLAMIC SCHOOLS,” FIGHE MOQARAN, vol. 4, no. 7 , pp. 81–97, 2016, [Online]. Available: https://sid.ir/paper/266993/en

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