Difference in Religion of Devisor and Devisee in Heritage: Conflict of Laws
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...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
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Semnan University
2017-12-01
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| Series: | مطالعات فقه و حقوق اسلامی |
| Subjects: | |
| Online Access: | https://feqh.semnan.ac.ir/article_2774_9d560a35df158b6c3a098e1dece510ee.pdf |
| Summary: | 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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| ISSN: | 2008-7012 2717-0330 |