Inheritance in the assumption of religious differences

Subject Areas : فقه و مبانی حقوق

maryam kohansal ¹ , سیذمهدی میرداداشی ² , محمد صادقی ³

1 - low
2 - استادیار، واحد قم، دانشگاه آزاد اسلامی، قم، ایران
3 - استادیار، واحد قم، دانشگاه آزاد اسلامی، قم، ایران

Received: 2018-12-30 Accepted : 2019-10-08 Published : 2018-09-23

Keywords: Obstacles to (Receiving) Inheritance, Causes of (Receiving) Inheritance, Legacy, Personal Status, Quintet Religions,

Abstract :

The division of the deceased’s inheritance/legacy among his/her heirs is an issue regarding which each heavenly religions has its own specific rules and regulations. As there are some differences regarding the inheritance in the Fiqh (Jurisprudence) of the religions, for instance though some subjects like oal (literally means domination and increase) and Taseeb (literally and legally means paternal relative, and legally it means the rejection of the amount of inheritance that is more than the share of heirs) are not covered by the Shiite Fiqh, such subjects and the rules regarding the inheritance are recognized by the State laws for respecting the followers of other heavenly religions. However the problems raises if the legator and inheritor/s are of different religions. For example when the deceased is Sunni and the inheritor is Shiite or vice versa. Given that the inheritors are not of the same religion and considering the differences in the Islamic sects regarding the rules around the legacy, a question raises that what will be the criteria for decision making in this regard? Answering the above question, it should be mentioned that: In accordance with the single Article on the permission for observing the status of the non-Shiite Iranian individuals, passed in 1933, and the explicitation made by the second clause of said article, and according to the advisory comments issued in this regard and the analysis of the reasons dealt with by the present study, the above mentioned Act shall be enforced.