DIFFERENCE IN RELIGION OF DEVISOR AND DEVISEE IN HERITAGE: CONFLICT OF LAWS

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HAJI AZIZI BIJAN; GHOLAMI NEGIN

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Paper Information

Journal: ISLAMIC LAW AND JURISPRUDENCE STUDIES Year:2018 | Volume:9 | Issue:17 Page(s): 81-104

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Title

DIFFERENCE IN RELIGION OF DEVISOR AND DEVISEE IN HERITAGE: CONFLICT OF LAWS

Author(s)

HAJI AZIZI BIJAN | GHOLAMI NEGIN | Issue Writer Certificate

Keywords

HERESYQ2

ARTICLE 881 (BIS)Q1

IRANIAN CIVIL CODEQ1

LAW FOR HEARING LAWSUITS ON PERSONAL MATTERS AND RELIGIOUS ISSUES OF ZOROASTRIANQ1

JEWISHQ2

AND CHRISTIAN IRANIANSQ2

CONFLICT OF LAWSQ2

Abstract

There are different laws and rules governing the distribution of an estate among heirs in different religions. Respecting the followers of divine religions, the Iranian law recognizes their respective rules of inheritance. Problems can arise, however, when there are Muslim inheritors among the heirs of a non-Muslim Iranian adhering to one of these recognized religions. Under such circumstances, on the one hand, Article 881 (bis) of the IRANIAN CIVIL CODE and the Islamic laws stipulate that regardless of the religion of the deceased, the Muslim heir disinherits the non-Muslim heirs and is, thus, the sole heir. On the other hand, there are Special Laws holding that the frame of reference for distribution of inheritance is the religion of the deceased. Therefore, whether the heirs are Muslim or not should have no effects on the division of the inheritance. The author analyzes the relations of the laws, and argues that Special Laws have primacy over Article 881 (bis) of the IRANIAN CIVIL CODE.

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APA: Copy

HAJI AZIZI, BIJAN, & GHOLAMI, NEGIN. (2018). DIFFERENCE IN RELIGION OF DEVISOR AND DEVISEE IN HERITAGE: CONFLICT OF LAWS. ISLAMIC LAW AND JURISPRUDENCE STUDIES, 9(17 ), 81-104. SID. https://sid.ir/paper/229818/en

Vancouver: Copy

HAJI AZIZI BIJAN, GHOLAMI NEGIN. DIFFERENCE IN RELIGION OF DEVISOR AND DEVISEE IN HERITAGE: CONFLICT OF LAWS. ISLAMIC LAW AND JURISPRUDENCE STUDIES[Internet]. 2018;9(17 ):81-104. Available from: https://sid.ir/paper/229818/en

IEEE: Copy

BIJAN HAJI AZIZI, and NEGIN GHOLAMI, “DIFFERENCE IN RELIGION OF DEVISOR AND DEVISEE IN HERITAGE: CONFLICT OF LAWS,” ISLAMIC LAW AND JURISPRUDENCE STUDIES, vol. 9, no. 17 , pp. 81–104, 2018, [Online]. Available: https://sid.ir/paper/229818/en

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