The condition of fetus inheritance in Iranian law, Imamate jurisprudence and other Islamic religions

Subject Areas :

babak dojheydarlo ¹ , seyyd bager seyyedi bonabi ²

1 - MA Student of ,Private law, Islamic Azad University, Bonab Branch, Bonab, Iran. E_mail: [e-mail]
2 - Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Islamic Azad University, Bonab Branch, Bonab, Iran. E_mail: [e-mail]

Received: 2020-02-18 Accepted : 2020-04-27 Published : 2020-05-21

Keywords: abortion, capacity, inheritance, Key Words: Fetus, Iranian Law and Jurisprudence,

Abstract :

Abstract:An unborn baby still deserves to have rights and a personality. Some right such as; the right to inheritance, the right to survive, and other financial rights which are granted or endorsed for fetus, are fundamental rights. One of the main conditions for determining the share of an embryo's inheritance is that the embryo was created before the death of the fetus. The next basic condition is being born alive of fetus, even if he/she dies immediately after birth. But when it is doubtful in which the baby was dead or alive, and there is no reason to prove it, the baby cannot inherit anything. There are differences in opinions between the jurisprudents of Islam, both the Imams and the jurists of fives Islamic religious. Some of them believe in the inheritance right of the fetus after death and some believe that living is the main condition of his/her inheritance. Also in abortion, it is accepted retribution and compensation for the killer, jurisprudents still discussing the inheritance and its extent. With the development of science and technology, new situations such as embryo development in the laboratory, artificial insemination, surrogacy, etc. are also among the most controversial issues among jurists and Lawyers.