THE QUESTION OF INHERITANCE AND RELIGIOUS MINORITIES IN IRAN

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VALAVION REZA

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Journal Paper

Paper Information

Journal: LAW & POLITICS RESEARCH JOURNAL Year:2006 | Volume:8 | Issue:18 (SPECIAL OF LAW) Page(s): 47-62

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Information Journal Paper

Title

THE QUESTION OF INHERITANCE AND RELIGIOUS MINORITIES IN IRAN

Author(s)

VALAVION REZA | Issue Writer Certificate

Keywords

INHERITANCEQ3

RELIGIOUSQ3

MINORITIESQ3

CIVILCODEQ3

CONSTITUTIONQ3

Abstract

INHERITANCE is a social institution which has been influenced more by customs and traditions than by rules and regulations. This is perhaps why that this institution relies more on customs and tradition than on laws. Iran is no exception, as this phenomenon and other institutions relating to affairs of personal status (e.g. marriage, divorce and wills), in particular those of the non Shaiat MINORITIES in Iran constitutes one of the most complicated issues.The Act concerning the Affairs of Personal Status of Non - Shaiat in Courts (came into force in 10th Mordad 1312) subjects the implication and application of INHERITANCE of these MINORITIES, whose religions have been legally recognizad, to those undisputed, common practice and customs that are embodied in the religion of the deceased.This principle (or recognition) is enshrined in Provisions 12 and of the I.R.Iran CONSTITUTION. Attempts to clarify and apply the afore mentions legislations gave rise to different approaches. The prime intent of this Article is to examine the variant and in the meantime contradictory interpretations and to offer some solutions. The outline and summary of the different disciplines which are examined in this Article may be summed up as follows: one school of thought is of the view that with the adoption of Article 881 of the Iranian Civil Code, the Act concerning Affairs of the Personal Status is applicable only in situations where the deceased is pagan and his/her heirs of all classes are pagan too. Whereas, according to anther school of thought, the legislature' s main intention, during the courseof codification of the Act, was the different religions which the deceased and his/her heirs each had.Moreover, the Act is in consonant with those interpretations whereby the pagan heir together with Muslem heir inherits the pagan deceased. Therefore, in resolving this cont1ict of laws, that is, conflict between the CONSTITUTION and the ordinary law, priority should be given to the former.

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APA: Copy

VALAVION, REZA. (2006). THE QUESTION OF INHERITANCE AND RELIGIOUS MINORITIES IN IRAN. LAW & POLITICS RESEARCH JOURNAL, 8(18 (SPECIAL OF LAW)), 47-62. SID. https://sid.ir/paper/98122/en

Vancouver: Copy

VALAVION REZA. THE QUESTION OF INHERITANCE AND RELIGIOUS MINORITIES IN IRAN. LAW & POLITICS RESEARCH JOURNAL[Internet]. 2006;8(18 (SPECIAL OF LAW)):47-62. Available from: https://sid.ir/paper/98122/en

IEEE: Copy

REZA VALAVION, “THE QUESTION OF INHERITANCE AND RELIGIOUS MINORITIES IN IRAN,” LAW & POLITICS RESEARCH JOURNAL, vol. 8, no. 18 (SPECIAL OF LAW), pp. 47–62, 2006, [Online]. Available: https://sid.ir/paper/98122/en

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