Feasibility study of the development of hereditary factors

Subject Areas : New issues

seyedhamed  hoseini ¹ (Faculty member of Shahed University)
Amirreza  Dehghani nia ² (Edalat University)
shirin  shahi ³ (kharazmi University)

Received: 2021-10-22 Accepted : 2022-02-02 Published : 2023-03-21

Keywords: will, Ḍimān Jarirah, Inheritance, factors of inheritance,

Abstract :

The present study has addressed the issue of whether it is possible to develop the causes of inheritance due to the role of will in hereditary factors or not? The answer to this question is expressed by explaining the role of will in hereditary factors and examining the abolition of characteristics and texts that are in conflict with the development of hereditary factors, whose development has been proposed through two perspectives. The first view is obtained by the absolute view of voluntariness and the principle of voluntariness in actions in such a way that we can make the condition of inheritance in contracts that are the result of agreement of wills, and the second view introduces the Ḍimān Jarirah Guardianship as a contract of protection and responsibility and considers this guardianship as a cause of inheritance that has no characteristics, so its characteristic can be revoked. So, there are some cases that are examples of this guardianship, such as adoption and child contract derived from gamete donation. In all these cases, there is a kind of support and responsibility. Therefore, in the absence of kinship relationship, it will be possible to include the condition of inheritance in them.