أثر وسائل الاتصال الحديثة على ميراث المفقود في الفقه الإسلامي والقانون العراقي (دراسة مقارنة)

The purpose of this dissertation is to identify the extent to which the Iraqi law absorbs the legal provisions of lineage and to clarify the position of the Iraqi judiciary on them. As for the scope of this thesis, it was specific in comparison and shedding light on modern technological means and their impact on the jurisprudential dispute, related to the effects of the return of the lost through examining several points, such as collecting the different jurisprudential parts on this subject,And absorbing most of the provisions of the lost, according to a careful and careful study based on tracking and extrapolation, and highlighting the role of jurisprudential rooting in resolving the dispute regarding the waiting period for the lost, introducing some provisions that modern means of communication had an impact on, and revealing the impact of developments in clarifying some facts that It is an auxiliary tributary of Islamic jurisprudence and positive law in influencing the ruling in some cases related to the missing person, such as the issue of bequeathing him after multiplying a period of waiting for him and issuing a ruling in this regard. The researcher used the analytical and comparative inductive method. The research concluded with the following conclusions: The legislator gave the heir the right By the inheritance of his bequeather, and he has established a methodology to achieve that right, and that inheritance refers to this right, and the inheritance indicates the transmission of the methodology of that right. Inheritance and his knowledge of Islamic law occupies a great position that makes it of great importance, and we see this clear and obvious in the Qur'an and the honorable Sunnah and among the previous nation. And it could The heirs have conditions that change between existence and non-existence, and change between a male and a female. Thus, the image of the last estate in these cases has become unclear, and this is a reason for us to take precaution and appreciation. It has been found that the legal texts regulating the provisions of missing persons contained in Iraqi law are not all compatible with Islamic Sharia, for example, the Iraqi Personal Status Law did not stipulate the issue of stopping the share of the missing person until his life appears or the death sentence, as some Arab personal status laws did.