The Effect of Committing Suicide on the Legal Status of Last Will with a Critical Approach to Article 836 of Civil Code

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

MORTAZI AHMAD; Nalbandi Aqdam Mahboub

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: Islamic jurisprudence Resaerch Year:2019 | Volume:15 | Issue:1 Page(s): 165-186

Download Full-Text

Persian Verion

View:

1,155

Download:

Cites:

Information Journal Paper

Title

The Effect of Committing Suicide on the Legal Status of Last Will with a Critical Approach to Article 836 of Civil Code

Author(s)

MORTAZI AHMAD | Nalbandi Aqdam Mahboub | Issue Writer Certificate

Keywords

SuicideQ1

Last WillQ2

Financial WillQ1

Article 836 of Civil CodeQ1

Special JurisdictionQ1

Abstract

Civil law under the article 836 defines a person who attempts to commit Suicide without a special right to make a will, and explicitly states that if he makes a Suicide before his will, it shall be void. In principle, it should be said that the jurisprudents have relied on different arguments such as the authentic hadith of Abi Vallad, madness, low status, lack of deployment of life and comparison with the deceased murderer, among which only one can justify the authentic hadith of 'Abi Vallad as the firm reason for this verdict. Although some of the jurisprudents referring to the word "third" in the aforementioned hadith and considering a context for that term, either in terms of a significant issue (Qadre Motayaqqan), or from original relinguishing (Enserafe Zohuri), hold that the invalidity of this kind of will is specific to financial affairs, the findings of the research show that in addition to application of the words of many jurisprudents, application of the above-mentioned tradition also confirms the theory of absolute invalidity of will, including financial and non-Financial Wills, and the same result follows from the application of Article 836 of the Civil Code. Also, on the basis of the same application and contrary to the promise of some jurisprudents, invalidity of the will of a person committing Suicide does not depend on the fact that his Suicide action has led to his death, but the very attempt of committing Suicide would be enough.

Cites

No record.

References

No record.

Cite

APA: Copy

MORTAZI, AHMAD, & Nalbandi Aqdam, Mahboub. (2019). The Effect of Committing Suicide on the Legal Status of Last Will with a Critical Approach to Article 836 of Civil Code. ISLAMIC JURISPRUDENCE RESEARCH, 15(1 ), 165-186. SID. https://sid.ir/paper/399013/en

Vancouver: Copy

MORTAZI AHMAD, Nalbandi Aqdam Mahboub. The Effect of Committing Suicide on the Legal Status of Last Will with a Critical Approach to Article 836 of Civil Code. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2019;15(1 ):165-186. Available from: https://sid.ir/paper/399013/en

IEEE: Copy

AHMAD MORTAZI, and Mahboub Nalbandi Aqdam, “The Effect of Committing Suicide on the Legal Status of Last Will with a Critical Approach to Article 836 of Civil Code,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 15, no. 1 , pp. 165–186, 2019, [Online]. Available: https://sid.ir/paper/399013/en

Related Journal Papers