نوع مقاله : مقاله پژوهشی
نویسنده
ندارد
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
It is quite well-known that contemporary jurists believe that wife
inherits neither from the land nor from its price. Considering that fatwa,
the article 946 of the Iranian civil law declares that husband inherits
from all parts of wife’s property while wife inherits only from the
following: 1. Movable properties, and 2. buildings and trees. As can be
seen in that article, wife is deprived of inheritance from the land. A
glance at juristic books, however, clearly indicates that the said theory
is merely one perspective and a good number of jurists have rejected it
from early times. The present essay deals with the analysis and survey
of those perspectives. Considering the Quranic verse and all traditions
concerning it as well as opinions of various jurists, we would conclude
that if the wife has a child from her husband she will inherit from the
price of the land in addition to the price of movable properties on the
basis of her share, i.e. the eighth.
کلیدواژهها [English]
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