Status of absent property from death sentence to authentication and its effects on jurisprudence (Imamieh and Hanbal) and Iranian law
Subject Areas :mohammad golami olyayi 1 , Reza Ranjbar 2
1 - PhD student, Islamic jurisprudence and Islamic law, Tabriz Branch, Islamic Azad University, Tabriz, Iran
2 - Islamic Law Group, Faculty of Law, Islamic Azad university of Tabriz
Keywords: jurisprudence, absent property, hypothetical death,
Abstract :
Sometimes a person may leave their home with various motives and for a long time there is no news of that person's life or death. In this research, the status of the missing property from the issuance of a death sentence to verification of its reality and its effects in jurisprudence Imamiyyah W Hannabali and Iranian law have been investigated. The results of this study show that when a religious ruler issues a presumed death sentence, the first effect of the ruling is that from the moment the sentence is issued, the missing property is taken out of his possession. And it should be divided between the heirs and according to the law of inheritance in the case of the missing wife. If there is money to pay the alimony, the wife will have absolutely no right to claim the marriage until the couple is found or she is sure to get married, but if there is no alimony, the wife can apply for divorce and marry another man. In Iranian law, given the legal provisions in this area, the presumption of death of a presumed death relative to marriage is more consistent with the legal principles, if the missing person is found by the court after the presumption of his or her presumed death by the court and the division of property between the heirs. In this case, the Shari'a ruling is that he is superior to the rest of the property and is unjustified in the matter.
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