El Derecho sucesorio islámico: principios informadores y excepción de orden público internacional

Abstract

The Islamic Law of Inheritance emerges as a new challenge for the Private Spanish International Law. As a result of a multicultural society and by reason of the conflict of law provides by article 9.8 Spanish civil code Spanish judges will have to know and a priori apply the Islamic Law to the successions of citizens from Muslim States. Given these circumstances, this article has a double aim. On the one hand, to analyze the basic characters of the Inheritance of Law in the Sharia, paying careful attention to the difference between legal successions and ab intestato, the requirements to fulfill by the persons in order to inherit or the difference between heir fard or asab. And for other one, to investigate about those questions the public policy exception will be necessarily activated, such as legal incapacity to inherit because of religion, the discrimination because of sex or illegitimate children situation.