WILL OF PERSONS WITHOUT HEIR IN THE IRANIAN LAW AND IMAMIYYA JURISPRUDENCE

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SADEQI MOQADDAM MOHAMMAD HASSAN; AMIRI SARAROUDI SEYYED REZA

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Journal: Islamic jurisprudence Resaerch Year:2017 | Volume:13 | Issue:2 Page(s): 203-222

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Title

WILL OF PERSONS WITHOUT HEIR IN THE IRANIAN LAW AND IMAMIYYA JURISPRUDENCE

Author(s)

SADEQI MOQADDAM MOHAMMAD HASSAN | AMIRI SARAROUDI SEYYED REZA | Issue Writer Certificate

Keywords

PERSON WITHOUT HEIRQ3

LAST WILLQ1

ONE THIRD OF LEGACYQ1

ENFORCEMENTQ1

Abstract

One of the topics that its fate is not specified explicitly in civil law is the situation of persons dying without heir. This is a controversial debate among jurisprudents and lawyers, but three theories can be drawn and investigated out of these controversies. The first group of jurisprudents holds that the PERSON WITHOUT HEIR, like other people, is entitled to dispose up to one third of his property by will and no one, even Imam, has ENFORCEMENT authority over the excess of one-third. The second group believes that in the case where a person dies without heir his property belongs to the state, but if he has disposed more than one- third of his property exclusively for charity his will is correct, but he has no right to do so in cases other than charity. The third category believes that a PERSON WITHOUT HEIR is completely free to dispose all of his property to whoever he wishes by will. It seems that with respect to the philosophy of one-third to preserve the rights of heirs, the current law, in the case of absence of such an obstacle, should take the third view as correct. The context of the civil law in the cases pertaining to the permission of the heirs to enforce the will in excess of one-third of the heritage also supports this claim.

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APA: Copy

SADEQI MOQADDAM, MOHAMMAD HASSAN, & AMIRI SARAROUDI, SEYYED REZA. (2017). WILL OF PERSONS WITHOUT HEIR IN THE IRANIAN LAW AND IMAMIYYA JURISPRUDENCE. ISLAMIC JURISPRUDENCE RESEARCH, 13(2 ), 203-222. SID. https://sid.ir/paper/220995/en

Vancouver: Copy

SADEQI MOQADDAM MOHAMMAD HASSAN, AMIRI SARAROUDI SEYYED REZA. WILL OF PERSONS WITHOUT HEIR IN THE IRANIAN LAW AND IMAMIYYA JURISPRUDENCE. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2017;13(2 ):203-222. Available from: https://sid.ir/paper/220995/en

IEEE: Copy

MOHAMMAD HASSAN SADEQI MOQADDAM, and SEYYED REZA AMIRI SARAROUDI, “WILL OF PERSONS WITHOUT HEIR IN THE IRANIAN LAW AND IMAMIYYA JURISPRUDENCE,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 13, no. 2 , pp. 203–222, 2017, [Online]. Available: https://sid.ir/paper/220995/en

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