Amendment to the Law of the Inheritance of Wife in the Mirror of Jurisprudence
Journal Title: فقه و اصول - Year 2013, Vol 44, Issue 91
Abstract
In this article a part of the amendment to the Iranian Civil Law, i.e. amendment to article 946, ratified in Bahman/February 1378/1999, is analyzed from the legal point of view. This article, according to which a significant change has taken place in the way the wife inherits from her husband and the civil law has distanced from the views of the renowned majority of the Shī‘a jurists and has approached the views of the Sunnī jurists and the uncommon and rare views of the earlier Shī‘a jurists. Also, with the aim of upgrading the legitimacy of the statutes while preserving the dynamism and realism of the existing laws, the degree of conformity of the above-mentioned amendment with the jurisprudential standards and the reasons that can weaken or confirm it is examined so that with such discourses the ground is paved for the systematization of changing laws and more and more closeness of the laws to the Islamic standards in the future and realization of the most important ideal of the Islamic Revolution, i.e. the Islamization of the ḥukūma (Islamic rule) and society and the most important principle of the Constitution, i.e. the forth principle.
Authors and Affiliations
‘Abd Al-ḤUsayn Riḍā’ī RāD
Keywords
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- EP ID EP183789
- DOI 10.22067/fiqh.v0i0.9081
- Views 132
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