Islamic lifestyle with a focus on health

Islamic lifestyle with a focus on health

Regulatory and Legal Developments Regarding Wife's Inheritance and its Comparison with Civil Jurisprudence Focusing on the Consolidation and Psychological Security of the Family

Authors
1 PhD student, Department of Jurisprudence and Fundamentals of Islamic Law, Khomein Branch, Islamic Azad University, Khomein, Iran
2 Professor, Department of Islamic Studies and Law, Saveh branch, Islamic Azad University of Saveh, Iran
3 Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Ilam University, Ilam, Iran
Abstract
Among the jurisprudential legal issues in the civil domain 
of the family, which has a special importance and place, 
are issues related to inheritance. Among the inheritance 
of husband and wife from each other, there is a special 
legal and jurisprudential prominence that the extent and 
manner of inheritance of the wife from the husband has 
its own challenges. Among the cases in which the wife 
inherits from her husband in a traditional way and 
according to the famous opinion of jurists, the wife 
inherits from the movable property of the husband and the 
price of the land and trees as stated in Article 861 of the 
Civil Code. But with the social developments and various 
studies that existed from the groups, the orientation of the 
wife's inheritance from the immovable property of the 
husband has been strengthened and the opinion of the 
unpopular jurist in this direction has been prominently 
displayed to the extent that Madin 946 and 947 of the 
Civil Code in 1387 reformed and the context of 
inheritance. The wife was provided with all the husband's 
property (movable and immovable) and it was stated that 
the wife inherits from the husband's property as a whole, 
although in the part of the immovable property, from its 
price, and if the heirs refuse to pay the price, the wife can 
claim her right from The same property should also be 
confiscated. This doubles the consolidation and mental 
security of the family and improves its health status and 
finally provides mental peace for the couple. In the 
upcoming research, the jurisprudential review of the 
aforementioned regulations has been done using the 
library method and content analysis with library tools and 
study data, and many ambiguities and questions have 
been answered in this field.
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