The Rules of a Deceased's Debts in Their Estate in Islamic Jurisprudence and Yemeni Law a Comparative Study

Abstract

The research discusses the topic of "The Rulings on the Debts of the Deceased in Their Estate" and aims to understand the meaning of these rulings, the types of the deceased's debts, and their impact on the transfer of the estate. It also seeks to clarify the ruling on prioritizing the deceased's debts when the estate is insufficient to cover all debts, and how to divide the estate among creditors in cases of competition. Through the descriptive-analytical method, the researcher concluded that the rulings on the debts of the deceased in their estate are the legal consequences of the financial obligations and rights owed by the deceased and their impact on the estate left behind. The types of debts were identified as debts related to the estate based on their beneficiaries, personal debts owed to individuals, and debts categorized by the time they were incurred. It was found that the ruling on prioritizing debts when the estate is insufficient dictates that funeral expenses take precedence over the deceased's debts, personal debts to individuals are prioritized over debts owed to God, and that debts incurred during health are treated equally with debts incurred during illness, provided the deceased is not suspected of fraudulent declarations during their illness. Additionally, the settlement of debts takes precedence over wills and inheritance. The estate is divided among creditors based on the proportion of their claims against the deceased, similar to how creditors share in the debts of a bankrupt individual during their lifetime. The methods of dividing the estate among creditors either follow specific rules and steps or are done according to the four ratios used for division. The researcher recommends detailing the rulings on the deceased's debts in personal status law and emphasizes the importance of addressing and settling the deceased's debts. There is also a need to raise societal awareness about the importance of paying off the deceased's debts from their estate.