The Jurisprudential-Legal Examination of Female Inheritance at the Ill Divorce

One of obstacles in spouses’ inheritance is divorce. If it takes place, naturally and legally there will be no spouses’ inheritance. But when we cite the opinions of the Islamic jurists and law scholars, we see cases that in spite of occurring divorce the Islamic jurists believe the spouses ’inheritance from each other, in other words it is an exception. One of these exceptions is when a man divorces his wife in an ill circumstance which ends to death in a revocable divorce or irrevocable divorce. In this circumstance, the woman inherits the husband in some conditions. But in the present rules, the noble legislator briefly indicates the woman’s inheritance some clauses in the divorce and is silent to the decrees of many relevant cases. The present paper with using the authentic and liable jurisprudential sources and the law scholars’ attitudes aims to clear ambiguity of the present laws, meanwhile determining all stipulations and propositions relating to the women’s inheritance in such condition and at the end of the paper suggest the proposals which should be codified coherent to this case.