The Effect of Women’s Silence About Their Right to Inheritance, A Legal Jurisprudential Study

Dr. Kamel Ali Rabaa

(Pp: 143-165)

Volume 5, Issue 2

Abstract: This issue is considered one of the important issues that arise on the scene, especially in southern Palestine, where women are often prevented from being given their legal right to inheritance due to customs and traditions that go beyond what is stipulated, and in which the rightful woman lives between modesty, fear, enticement, and intimidation, which led to her long and short silence from demanding her inheritance. Her right to inheritance until she dared with culture and armed with the law to declare publicly the demand, she faces from the aggressor against her right by using the pretext of forfeiting her right because she did not demand decades of her right. Therefore, this research aims to clarify the effect of a woman’s silence about her right to inheritance in forfeiting her right or not, and whether the statute of limitations is an obstacle. Who will hear her claim for the right? What are the legal conditions that must be met to waive the right that prevents the case from being heard after that, according to jurisprudence and law?

 Keywords: Women, Inheritance, Jurisprudential Study, Legal Study.

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