urisprudential Investigation Of Inheritance On Temporary Marriage

Subject Areas : فقه و مبانی حقوق

akbar zakerian ¹ , fatemeh molaee ² , شکراله نیکوند ³

1 - دانشگاه اراک
2 - .
3 - هیئت علمی دانشگاه ورامین

Received: 2017-09-09 Accepted : 2017-11-11 Published : 2017-12-22

Keywords: temporary marriage, inheritance, non-inheritance, condition,

Abstract :

The temporary marriage contract is one of the special rules of Jafary's jurisprudence that is different in some rules with permanent marriage. on of the rules that jurisprudence have discussed about it is discussion inheritance on temporary marriage. There are many disagreement in whether couples inherit each other on temporary contract or not, which this disagreement is due to the narratives that existence in this case. In this regard, in the jurisprudence of Imamiay, four theories are discussed. Some of the jurisprudence are absolutely believe in inheritance; in this way, they consider temporary marriage as permanent marriage and they cite the general verse 12 of the Nisa Surah. Other group are absolutely believe in non_inheritance and they have stated that the nature of the temporary marriage contract is not cover for inheritance. Others are believe in details of the issue which a group have considered the principle of inheritance only if there is a valid condition ; and the other group consider the principle non_inheritance unless the condition is inherited.