جستجوی مقالات مرتبط با کلیدواژه "ارث" در نشریات گروه "علوم اجتماعی"

The collection and publication of scattered documents related to the Qajar era have helped us open a small window into the behind-the-scenes politics of that period. The case involves the murder of a young man in the second half of 1317 AH in a narrow alley leading to the Jameh Mosque of Bijar, where he was shot. The victim was connected on one side to the Amir Nezam Garusi family and on the other to a ruling family in Bijar. This familial connection between the two families soured a few years later due to the death of the bride, who was the daughter of Amir Nezam Garusi. Amir Nezam Garusi believed that Haji Amir Tuman had poisoned his daughter. Gradually, the conflict spread within the family, and the son demanded his mother's dowry from his father. The matter escalated to court, intensifying the conflict between father and son, ultimately leading to the murder of the son by one of the headmen of Bijar near his home. Although it was clear to the central judiciary that the headman was the killer, it is unlikely that he was executed despite the efforts of the victim's sister and wife. This case must have incurred significant expenses for the government.
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The purpose of this study is to extract and explain a narration that has been presented in the religious discourse of Hazrat Zahra (PBUH), especially the sermon of Fadkiyeh, from the nature of "monotheism, prophecy, inheritance and sovereignty after the Prophet". Therefore, the most important question of this research is formulated as follows: What image of monotheism, prophecy, inheritance and rule after the Prophet is presented in the religious discourse of Hazrat Zahra (PBUH)? In other words, what is the narration of the religious discourse of Hazrat Zahra (PBUH) about monotheism, prophecy, and inheritance and sovereignty after the Prophet, and what image has she presented of this phenomenon within her religious discourse? In order to answer the above five questions, the researcher first studied the theories related to the relationship between text and reality and after critically examining these theories and placing them in the form of two general approaches 1- reflection theory (religious discourse imitates reality) and 2. Discourse theory (religious discourse produces reality in the form of its own internal logic) and the extraction of formal and thematic components, which have so far been referred to as "mechanisms for representing reality in the world of language", has sought to use the method. "Discourse Analysis" by Theon Van Dyke, James Paul J. and Ruth wodak to show what in the religious discourse of Hazrat Zahra (PBUH) Methods or methods have been used to represent the four issues of "monotheism, prophecy, and inheritance and sovereignty after the Prophet."

An issue that has drawn lesser attention in the field of inheritance is that beside properties, rights (and its different types) too can be a subject of inheritance. However, there are differences among different types of rights. Imam Khomeini maintained that these differences can influence the inheritability of a right or otherwise. The main question of this paper is: What rights are inherited and what are the principles for inheritability of a right? Descriptive and documental methods have been employed in this research to find out a general rule for inheritability of rights based on the viewpoints of the jurisprudents, jurists and Imam Khomeini. The findings of the research indicate that among different types of rights, only financial rights are inheritable, unless in some special cases that non-financial rights too are inheritable.

Today, in our society, due to widespread social changes, inheritance can have many issues. One of the issues that we face in our society with regard to the phenomenon of inheritance is the formation of inheritance disputes. Such disagreements, in the event of continuity in the family and kinship system, create an irreconcilable social interaction among the heirs, and ultimately make irreparable damage to the social capital of the family and kinship system. By adopting qualitative approaches and using the views of the research collaborators who were all in Rasht, this article seeks to answer the fundamental question of what effects and consequences are implausible between heritage? The results of this research show that the process of inertia between the heirs is unprovoked and has devastating consequences, which by eliminating empathy and affection within the system of family and kinship, which is, in the first instance, erosion of the social capital of the family institution. An institution that has a decisive role as the source of production and the strengthening of the social capital of every society. In the event of the erosion of capital, the institution of the family should expect the erosion and disruption of social capital at the community level.

Inheritance is one of the most important legal foundations in any society and it has always been under certain rules and regulations in different legal systems. These rules and regulations have been chiefly shaped up according to the conditions, time and the living place of the human beings. As a matter of fact, upon a change in the living conditions, these rules and regulations must also go under change to let the society embrace rules proportionate to its time. Therefore, the rules and regulations on inheritance have gone under drastic changes and passed behind stages of evolution in the course of time and place among the past generations and civilizations. The inheritance laws in the Arabian Peninsula has been no exception to this, i.e. they have been enacted and developed based on the rules and principles governing the entire peninsula. With the advent of Islam in that land, the rules and regulations on inheritance experienced great developments. In this paper, we have tried to review the views of jurists and Imamiyah theoreticians at law, as well as Imam Khomeini’s views on inheritance. While presenting a precise definition of the word inheritance, we have tried to clarify the rules and fundamentals serving as the basis for inheritance laws.

From long time ago, one of differences between jurisconsults and lawyers is the amount of wife’s inherited her husband’s immovable property. The civil law of Iran before 1387 followed up the famous opinion of jurisconsults in act 946, but from 1387 accepted the obscure opinion with a new amendment that this opinion seems more logical with the review of reasons. In consequence of differences in the amount of wife’s inherited from immovable property, also there are some differences about the right of wife’s option from the contracts of husband’s immovable property such as land and house. In one of both cases exist five opinions. Because of the civil law somehow deprives wife in husband’s immovable property before and after correction, this question is mentioned that despite the deprivation of wife from the same husband’s immovable property, Is she inherited from the option right to terminate the contract of immovable property or not? The answer of this question doesn’t mention in law and is one of come down with problems in society. In this research after studying the amount of wife’s inherited from immovable property and it’s reasons, obtained different opinions about the amount of option right of wife from immovable property that is done in descriptive analysis method, That the fifth opinion means the wife to be right of option in case of the sale of immovable property and deprivation from option right, if the husband buy immovable property, is prefered.

Inheritance is a legal event which materializes with the real or perceived death of the legator, while the ownership of the heirs over the inheritance is not established until all dues belonging to the inheritance are duly paid (based on Articles 867 and 868 of the Civil Code). Therefore, ownership of the inheritance is not the effect of the will of the heirs and ownership does not materialize due to their consent, rather ownership of inheritance takes effect through legal ruling and the will of the heirs does not have any role and its beginning is the death of the legator. Nevertheless, the legislator has entitled each of the heirs to accept or reject the inheritance (Articles242 and 259, Islamic Punishment Code). It gives rise to the following questions: is the prerogative of the heirs in accepting or rejecting the inheritance similar to acceptance or rejection of conclusion of a contract? Is rejection of an inheritance tantamount to turning back to ownership? Attempts have been made in this article to discuss the effect of acceptance or rejection of inheritance in the light of jurisprudential and legal regulations. Also based on these regulations, the effect of acceptance or rejection is subject to commitment to the dues of the legator, which are left with his/her inheritance. In fact, acceptance or rejection of inheritance is announcement of the will and commitment or lack of commitment to the properties of the family and continuation of the way of the deceased. Acceptance or rejection means acceptance or rejection of the position of management of the inheritance which depends on the prerogative, competence for assumption and free will of the heirs.

The convention on the Elimination of All forms of Discrimination against Women has a preamble and ten articles. Most of the contents of this convention are accepted in the Islamic Law and are in congruence with the jurisprudential viewpoints of Imam Khomeini. They have been explicitly approved by the Constitution of the Islamic Republic of Iran. But the issue is that in certain cases pertaining to personal affairs, the acceptance of some of the contents of the convention causes neglect of the rights of other members of the family. It is a challenge in the field of women’s rights which is seriously followed up and discussed by Muslim jurists and lawyers. The main hypothesis of the present paper is that the said cases not only are not discriminatory but are compatible with the characteristics of women’s rights that are based on the merits bestowed upon the women by the Creator and on whose bases women acquire their true role in the society. Moreover, the authors of the convention do not accept complete equality between men and women.

The Old Elamite documents are indeed rare، but from Susa in the Sukkalmah Period there are some 550 legal documents in Akkadian which provide an excellent opportunity to study Elamite society and culture. The present paper edits and translates a unique and very interesting will made by Gimil-Adad، a man from Susa in the 17th century BC. In order to provide the historical context for the proper study of the content of this will، we first outline the historical situation of the period. Then we deal with some legal aspects of testament law based on contemporary documents from Susa، Mesopotamia and Egypt. This study shows that parents could not arbitrarily deprive their children from inheritance. However، children’s failure to provide for the aging parent could justify the disinheritance. The text itself sheds light on the social and legal status of women in Elam and demonstrates most clearly that women had capacity to do legal transactions. As there is no English translation of the documents we have provided an English version as well.

In the wake of some social and political developments in the past years, slogans are chanted at the international level demanding justice and equality between the rights of men and women. One of the women's most important demands is to have economic independence and equal financial rights with men. But the existing international law does not serve women's needs in this regard whereas Islam exalts the status of women by commanding that women should enjoy the right of ownership and appropriation of properties. Islam has given them independence in this regard and has obligated men to provide them with their needs, albeit with the observance of human and moral rules. This article introduces the economic position of women in Islam and studies the financial independence of women in Islamic jurisprudence and civil law of Iran.

Marriage by an uncommissioned agent is marrying a person on behalf of a spouse without the permission of the spouse. According to most of the jurisprudents this kind of marriage contract is a correct but ineffective marriage contract that will come into effect as soon as the spouse or his representative gives his consent. If finalization of marriage contract is necessary by one of the spouses in an uncommissioned marriage contract and the same spouse passes away, some jurisprudents maintain that the mere consent makes inheritance mandatory, but Imam Khomeini and some other jurisprudents hold that the spouse becomes entitled to inheritance after the consent and swearing. If one of the spouses is an adult who has initiated the contract and the other party is a person who has gotten married but has not yet announced her consent, in this case the decree will come into effect only when the said party announces her consent. If the person who has gotten married by an uncommissioned agent rejects the marriage, it will become null and void. But if the person who has gotten married through uncommissioned agent asks for a marriage portion different from what the marriage contract had set, the marriage is nullified.

After the death of Prophet Mohammad (PBUH), all the efforts and the policies of Imam Ali (PBUH) was directed towards the reconstruction and control of the destructions that was the result of the deviations from the structure of ideal social system devised by the Prophet himself. This plan was actually based on the Holy Quran and showed itself in some forms such as returning to inheritance and marriage orders and paved the way for women and giving them opportunities in politics, scientific and social areas. After the death of Prophet Mohammad (PBUH), there were some problems in the place and social status of women and it actually declined. This article studies the place and social status of women in the Age of Imam Ali (PBUH) and before that.

According to articles 946 to 949 of the Iranian Civil Law: “husband inherits properties and possessions from his wife, but wife inherits (only) the following items: (1) movable properties of whatever type they might be, (2) buildings and trees… whenever other inheritors avoid determining the price of buildings and trees, wife has the right to use the property itself.” Since, according to some jurisprudents, wife does not inherit the land, Iranian Civil Law, too, deprived wife of inheriting land. In addition, if there is no other inheritor except husband, he can inherit all the possessions and properties from his wife; however, in such a case, wife inherits only her own share and the rest of husband’s possessions and properties are considered as personal properties with no inheritor. The other case is the difference between a wife with offspring and one without any offspring. This paper studies the viewpoints of contemporary jurisprudents and elaborates on their arguments for or against wife’s inheritance. Finally, suggestions are given to revise women’s inheritance law concerning their movable properties and determining the price of immovable properties.

After the social and feministic developments under the rubric of the equality of the rights of men and women and the eradication of discrimination between them, new laws passed in the Western countries in the recent decades. It was expected that these laws would improve women’s economical rights in family, but the constant modifications of these laws show that they could not meet women’s real needs yet. On the other hand, Islamic jurisprudential laws, for centuries, have considered women independent in the ownership of what they gain themselves, with the spouse being obliged to provide his wife with her needs under moral principles. This paper is a brief comparative study of women-related economic laws such as alimony, dowry, and inheritance in Iran and England. The paper ends in some suggestions in this regard.

In Shi’ite culture, Fadak is a symbol of deep meaning which never fits within a piece of land, and in accordance to this deep meaning the conflict takes the shape of a political struggle other than a superficial and restricted contest. The Fadak conflict, indeed, is the objection of the daughter of the Prophet against the digression that took place in the Islamic world. Fadak sermon is not only an indication of Fatima al-Zahra’s decisiveness in demanding her inheritance, but also an apparent defense of Imam ‘Ali (peace be upon him) and criticizing disloyalty of Muslims regarding the perspicuous rights of the households of the Prophet (Ahla l’bayt) (peace be upon them).In this argumentation, Fatima al-Zahra (peace be upon her), stably using Qur’anic verses, displays a demonstrated interpretation of the Qur’anic verses that show her deep awareness of Qur’an’s symbols and makes the sermon out of political flavor and makes it a mystical lesson and exegetical and literary instruction that its interpreter is on the peak of understanding the bases of divine verses and is in the highest level of eloquence.

The rise of Islam, 1400 years ago in the Arabian Peninsula, was a turning point in the situation of women, liberating them from the pre-Islamic narrow-mindedness. The Quran recognised women’s rights in family and social, economic, and political spheres of life. Such recognition is reflected in the Iranian Civil Code. The cUlama, and particularly Imam Khomeini, have also worked hard to secure women’s rights and dignity, and empowered them in various social, economic and political arenas.