The Legal-Judicial Study of Exclusion (Ḥājibiyyat) or Non-exclusion of “Pregnancy” in Ḥujb (Exclusion from Inheritance) of Brothers concerning Mother
Journal Title: فقه و اصول - Year 2015, Vol 47, Issue 100
Abstract
The brothers and sisters of the deceased person can, under certain conditions, cause partial exclusion or exclusion from restoration of inheritance for the deceased person’s mother. The issue of the siblings’ exclusion of mother from inheritance in Imāmī jurisprudence is attributed to the noble āya eleven of the blessed sūrat al-Nisā’ and is maintained in the Iranian statutory law according to clause B of article 892 of civil law. Meanwhile, given the non-assertion of the above documents concerning the exclusion or non-exclusion of pregnancy, the legally and judicially controversial question arises as to whether pregnancy can, like brother or sister, exclude mother from inheritance. Through argumentative examination of the subject with descriptive-analytical method in Imāmī jurisprudence and Iranian law and by presenting and criticizing the provided evidences for both possibilities of exclusion and non-exclusion of pregnancy concerning mother, the present research has concluded that the view of non-exclusion of pregnancy concerning mother seems more solid, particularly with respect to the uncertainty about the verity of the title of brother or sister (ikhwa) to pregnancy and in regard to the principle of non-exclusion in Imāmī jurisprudence as well as the Iranian law.
Authors and Affiliations
Sayyid Myhammad Mahdi Qabuli Durafshan, Sayyid Jamaluddin Mousavi Taqiabadi
Keywords
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- EP ID EP190093
- DOI 10.22067/fiqh.v47i20.28596
- Views 110
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