Document Type : Original Article
Authors
1 Associate Professor of Jurisprudence and Fundamentals of Islamic Law Department, Ilam University
2 PhD Student in Jurisprudence and Fundamentals of Islamic Law, Ilam University
Abstract
There are three notions among jurists about the wife’s share in inheritance if she is the only heir of her husband, and there are two notions about the husband’s share in inheritance if he is the only heir of his wife. The disagreement among jurists in this area originates from differences among narrations and hadiths. So studying documented narrations for determining the accuracy of every notion is inevitable. This study presents notions of jurists, in the first place. Then the documented narrations are studied within a descriptive-analytical method and the adopted notion of writers i.e. the content of Imam Reza’s hadith. Based on this notion, either wife or the husband inherits the residue of the estate of fixed shares from the other party, in addition to the share and fixed share specified in holy Quran, whether in the era of Imam Zaman’s presence or in his absence. This issue is one of the social concerns about which there is no text in Civil Code, but according to principle 167 of Iranian Constitution, the judge is bound to refer to reliable Islamic sources and valid juristic notions if he does not find any text containing articles regarding relevant lawsuits. So it is crucial to study the issue by examining evidences, documentations and presenting the adopted notion of writers.
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