Comparative Study of Patient's Financial actions in Death-Related Diseases in Jurisprudence and the Legal System of Afghanistan

Abstract

There is no consensus among jurists about death. To diagnose this disease, several criteria have been stated. Dangerousness, fear of death, occurrence of death during illness, illness leading to death, length of period and disability are the criteria that jurists have expressed for this disease. The discussion of the verdict of the death of the patient has always been discussed among the jurists and jurists. The main issue is whether the financial possessions of the patient in case of death are counted from one third of the property or from the total property? This research, which was carried out in a library method and by referring to reliable sources of Sunni jurisprudence, shows that the famous opinion of Sunni jurisprudents is that the stone is a sick person at the time of illness. However, there is a difference of opinion in some issues such as selling to heirs, gifting and sponsoring a sick person for his heirs. The civil law of Afghanistan has also accepted the idea of confining the patient in accordance with the famous Hanafi jurisprudence, but in some cases it has acted differently, like selling the heir to the patient's heir.