A jurisprudential reflection on the validity of the inheritance of spouses from the right of qadhf (Analysis of Article 260 of the Islamic Penal Code)

Despite the general principles of inheritance and the right to inherit for all individuals entitled to a share of property, prominent Imamiyya jurists have excluded spouses from this ruling. Analyzing jurisprudential texts reveals that these jurists relied on the notion of consensus, disregarding the Qazf ruling and the validations of Arab customs during the time of Shari'a, which are pertinent to the subject. Consequently, they issued a verdict prohibiting spouses from inheriting this right, despite a minority opinion among jurists asserting that couples should inherit. This research employs a descriptive-analytical method to critique the purported consensus and demonstrate its lack of validity. It shows that this rationale fails to address the generalities and applications of this issue and does not sufficiently justify the exclusion of spouses from inheriting rights. The study also highlights examples such as the Qazf ruling and considers the customary changes between spouses since the legislation of this ruling. It argues that contemporary couples are now on par with relatives, unlike couples of earlier times, who did not share the same status as relatives. Therefore, it is recommended to revise Article 260 of the Islamic Penal Code to allow couples to benefit from the limit of Qazf.