inheritance

The purpose of this qualitative and documentary research paper is to compare the economic systems of capitalism, socialism and Islam from the point of view of Shahid Motahari. To this end, according to the thoughts of Shahid Motahari, which are available in written form, the components or characteristics of each of these three economic systems, which are explicitly mentioned in his writings, were chosen. They comprise (1) ownership, (2) inheritance, (3) the difference of people in wealth and ownership, (4) Riba, and (5) the formation of cartel and trust. We first examined the position of each component in each of the three separate economic systems and finally compared them in the three economic systems. The results show that the economic system of Islam relies on Islamic ayahs and traditions, while confirming the advantages of capitalism and socialism and rejecting their weaknesses. Based on this, the economic system of Islam provides a better framework for human development both in this world and in the hereafter than the two other systems mentioned.

One of the special and challenging topics of Islamic rulings is the verses of inheritance in the Qur'an. Paying attention to jurisprudential and legal foundations in rulings verses (Ayat Al-Ahkam) expresses the instructions of authentic traditions of belief. This article is compiled with a descriptive-analytical method in order to explain the word "Irth" (inheritance) in the Qur'an, especially regarding the two verses contained in Surahs of Naml and Maryam. The historical approach and the inferential controversies of Islamic groups and practices, being influenced by the atmosphere of the society and the effects of the political issues of the governments of the time, has doubled the importance and sensitivity of the issue. One of the main subjects of this article is investigating issues surrounding the inheritance of prophets and whether it refers to prophecy and knowledge or rule and worldly property. The research in the authenticity and the relevant issuance the narration "We (the prophets) do not bequeath. What we leave is to be considered as charity", which is the source of the most of criticisms, has been discussed as a valid answer. Various interpretative viewpoints, regarding the religious views of supporters and opponents and their perception of the divine verses and the examination of the authenticity of the narrations about the aforementioned verse and the issue of historical challenges with regard to political events, are discussed in this article. At the end, referring to the issue of the usurpation of Fadak, whether it was an inheritance or a gift from the Holy Prophet of Islam (PBUH), the evidence has been presented to prove the validity of Fadak's claim, by mentioning the oppression of the Ahl al-Bayt of Infallibility and Purity (AS).

Divine leaders are like other human beings, the most significant difference being that they receive revelation to guide them to monotheism. And it is impossible to make these patterns immortal. Imam Hussein (AS) is one of the most prominent divine leaders that some have believed in him since the time of his martyrdom. One of the methods to deal with exaggeration is awareness of the role of heredity, environment and will in the formation of the personality of Imam Hussein (AS), so this research seeks to answer the question with a descriptive-analytical method that the role of heredity, environment and What is the will in shaping the personality of Imam Hussein (AS) from the perspective of narrations? The findings of the research indicated that, firstly, Imam Hussein (AS) inherited the physical, intellectual and moral characteristics of his father, mother and grandfather. Second, the prenatal environment is the intrauterine environment; Hazrat Fatemeh (PBUH) raised her child with sensitivity. The natural environment has not played a significant role in shaping the character of Imam Hussein (AS) except for its distinctive and miraculous nutrition. In the family environment, three members: the Prophet (PBUH), Imam Ali (AS) and Hazrat Zahra (AS) have been effective. There were no peers and friends who were on the same level of influence on that Imam except Imam Hassan (AS). There can be no contribution to the culture and education of that era, because the family of the Imam and himself were responsible for changing it.

One of the important features of the culture is transmission. Culture is always passed down from generation to generation, and in the meantime it may change. The question of cultural transmission factors can include several factors, but is cultural transmission through inheritance also possible? This is an important question that some cultural researchers are looking for answers and its various dimensions. From ancient times, the effect of inheritance on the transmission of traits and morals has been considered by human beings, especially religions and sects. This research has been done by the method of documentary analysis and qualitative content analysis. In the first part, the relationship between heredity and environment from the perspective of genetics and in the second part, the views of Quranic verses, Islamic traditions and Muslim scholars in this field are examined. The results of this study show that from the perspective of genetics and Islamic teachings, heredity and Environment are interrelated and are effective in transmitting quantitative and qualitative characteristics to future generations. Some Islamic teachings have specifically focused on the long-term impact of the environment on genetics. The same amount of acknowledgment of the interaction of heredity and culture in the transmission of traits is enough to consider human genetics as a kind of treasure trove of human culture and to give it a special place in the transmission of culture. The possibility of transmitting culture through genetics can be useful and practical advice for cultural managers.

A study of the Holy Qur'an and related texts, such as books on commentary and jurisprudential sources, shows that the issue of "inheritance" is one of the most important Islamic issues. In several verses of the Holy Qur'an, in addition to raising the issue of inheritance, many details have been stated that this revelation is due to the attention of the holy sharia of Islam to inherit. On the other hand, among recent commentators and jurists, Dr. Mohammad Sadeghi Tehrani can Quranic and jurisprudential scholars have criticized and analyzed their theories. This article is a step in this direction. In the beginning, after the introductory topics, the biography and works mentioned were introduced. Then, his views on inheritance issues related to "a woman's inheritance from her husband's estate" were mentioned along with Quranic arguments with their jurisprudence. From an honest point of view, a woman inherits from the same land (and not exclusively the price of the land) and in the right to inherit, there is a difference between women (permanent and non-permanent, old and young and old, priced and otherwise, with and without children) does not have. The detail between movable and immovable property is contrary to reason, justice, and custom, and finally, the narrations related to the discussion of inheritance cannot be preceded by the verses of the Holy Qur'an. These views of Mr. Tehrani have been considered by contemporaries

The drafting of the Convention on the Elimination of All Forms of Discrimination against Women is one of the results of Western studies on the issue of women. The main tool of the drafters of the Convention is the elimination of discrimination in order to eradicate the existing traditional gender stereotypes and to deny the differences between men and women and thus to create equal rights. In this case, the provisions of this convention are not in full compliance with Islamic law, and this has caused challenges in various social, legal and cultural fields. The purpose of this study is to compare the rights arising from the articles of the Convention and Islamic law, in order to provide an appropriate response to address the challenges in this field. Based on descriptive analytical studies, it was concluded that in addition to the common human and male commonalities, the two are inherently and evolutionarily different from each other, so it is natural from a social point of view and in the field. The regulation of legal rules should not be expected to be similar to them. In many of its rules and laws, Islamic law complies with the provisions of the Convention. The right to life, the right to liberty, human dignity, the right to employment and political rights such as the right to participate in elections, social rights, the right to education and health are some of the issues that have long been considered in Islam. But in some cases, men and women have different rights and rules based on the characteristics of creation and the responsibilities based on it. Therefore, equality in the Convention on the Elimination of All Forms of Discrimination against Women, contrary to Islamic law, is not based on justice and nature, and this is a form of discrimination.

This paper tends to explain and explore man and woman’s differences in 80th sermon of Nahj-ol-balagheh. Imam Ali (p.b.u.h) explained these differences in three orientations with its philosophy and reasons. The mentioned sermon after Jamal war was delivered and explicitly spoke about defects of faith, reason and inheritance of women. In the interpretation of this sermon, there is a conflict among commentators of Nahj-ol-balagheh.It has been said that there is disagreement over issuing this sermon from Imam Ali (p.b.u.h); some of them are also informed of it as a real possibility, included all women and knew woman’s perfection as being impossible; meanwhile describing woman as “defective in faith” and “defective in reason” is not compatible with Quran’s teachings. To mention Imam Ali’s (p.b.u.h) aim is not major defect of faith, reason and estate of inheritance generally. Imam Ali’s (p.b.u.h) purpose in this sermon is to explain differences of men and women in praying, testifying in court, and inheriting. The method of writing this paper is descriptive-analytical, and data gathering is library research method.

Gender reassignment of parents or children and its effect on the issue of inheritance is a new subject discussed in jurisprudence. With significant advances in surgery, gender reassignment has been possible in all countries. In the meantime, due to the relatively large number of such people in Iran and the legal vacuum regarding them, some issues is raised in jurisprudence and law, including the share of gender reassigned children inherited from their parents, as well as the share of gender reassigned parents inherited from their children. Utilizing library sources, this article examines the views of all contemporary Shiite jurists. The results of this study show that the criterion for children's inheritance is their current gender, but for parents' inheritance there are some possibilities, the most probable one is that the inheritance relationship between parents and children is not cut off; and the amount of the share of inheritance is calculated according to their gender in the time of fertilization.

Etymology, by creating historical look at the changes of words and their meanings in ancient languages as well as trying to understand its logic, is one of the most important branches of diachronic linguistics. This is also the most important method for correcting the viewpoints of philologists in homonymy or polysemy and has a key role to realize the real and figurative meaning of Koranic words.The science of etymology doesn’t let the researchers of other fields of humanities such as Koranic ones to study in this area as the field needs to find the root of the words in the mostancient languages as well as the formation of words structure which itself requires learning the ancient languages and familiarity with phonetics, borrowing, morphological changes as well as semantic changes and complicated analyses.Research ahead as a case study analyzed the term 'inheritance' through the etymological methods and investigated that through ancient Semitic languages as the Akkadian, Assyrian, Hebrew, Syrian, and Ethiopic. It also shows that different meanings of the root " æÑË" enjoys a semantic comprehension and the existing dominant discourse in the interpretations introduces the read meaning of the word as “dead stick” with theological semantic load and considers other meanings in the heritance as synecdoche is not accurate.

There are many factors that direct and determine inheritance in Islam. Due to some impeding causes the heir will not entitled to inherit. What are the causes of inheritance and how Imamiyya and Hanafiyya jurists look at the issue, are two important questions that are going to be addressed in this article. First and foremost, the causes of inheritance, based on Imamiyya jurisprudence, are divided into two ‘relational’ and ‘causal’ categories. Each group has three sub-categories and based on the principle of ‘the nearer the better’, the inheritance will be distributed among them. The causal category includes the following sub-categories: marriage, the patron and the manumitted slave inherit from one another etc. The causes of inheritance according to Hanafiyya legal school are divided into three categories of: relationship, causal and freeing of slaves. Whosoever is included in either of the above-mentioned titles, will deserve to inherit the estates. The writer explains the four causes of inheritance in the light of Hanafiyya School. He has actually conducted a comparative study between the two jurisprudential schools highlighting the commonalities of the two.

Sunni jurisprudents have resorted to a reported tradition "There is no will for the heir" to negate any will for the heir. This juridical stand has been contradicted by Shiite scholars. We have examined this jurisprudential topic from various aspects including the authenticity of the narration, chain of transmission and sources as well as the wordings and significations of the tradition. The conclusion we have drawn is that this tradition cannot be relied upon in any areas of jurisprudential verdicts or in the area of the abrogation of the Book because the tradition is inauthentic. Even if it is assumed to be authentic, it cannot restrict what is purported and signified by other reports and narrations that denote the possibility of a will for the heir.

There is a teaching in Shi’ite fundamental doctrines as “the features of Imams” which is apparently similar to the ancient Persians’ doctrines about their kings. Such a similarity caused some orientalists to pose the claim that the Imami doctrines have been influenced from the beliefs of ancient Persians, so this claim has been explained and then criticized according the following four reasons:Firstly: These similarities are apparent similarities while there are essential and fundamental differences.
Secondly: If – assumedly - there were not essential differences between two beliefs and the both essentially were equal, but again to prove the influence of one from another would not be possible; because the Shi’ite beliefs about the features of Imams have been established in the first decade of Hijrah and before the connections of Iranian and Muslims.
Thirdly: the texts and sources which convey the beliefs of ancient Persians are mostly unauthentic and their authority can not be proved according to the scientific criteria.
Fourthly: many of these sources have been compiled and gathered years after the arrival of Islam to Iran, so not only the claim of the influence of Imami doctrines can not be accepted but the possibility of the influence of the beliefs scribed to the ancient Persians is stronger.

In the Quran and Infallibles’ Hadith, there are verses that speak about the future of earth and its true heirs and a government with justice. Among these verses is the verse 5 of surat Al-Qasas which talks about the leadership of poor and their inheritance. In the narrations’ and interpretations’ resources of the two sects in relation to this verse, there are narrations based on which different examples are introduced to inherit the earth. In the view of all Shia commentators, the revelation and interpretation of this verse is Israel and according to the contents of verses and the Shia sayings which are in coordination with the outward aspect of the holy verses, the interpretation or the true inheritors of the earth are the Imams and Imam Mahdi (A.S) and his companions and the promise of the inheritance of the earth is dedicated to the era of Imam Mahdi (A.S). But Sunni scholars have accepted the revelation and interpretation of this verse to be the Israel, ignoring the narrations by the Household, and have not mentioned the true revelation or example of the verse (i.e the Household).

15th verse of 21th chapter of Quran (Anbiya) is one of verses speaking about the future of earth and its real inheritors and it is the promise of divine and religious government. According to this verse, there are several traditions which have been mentioned by Sunny and Shiite commentators and differently typical specimens have been introduced so that these questions cross mind that from whom each documented tradition has been quoted and are they reliable? This study whose method is comparative one classifies and investigates reasons of sects and it is revealed by investigating all views that many sunny’s traditions are attributed to followers and accompany with many contradiction and opposition so that there is two different quotation from a follower in sunny’s books. But inheritors of earth are Imam Mahdi(12th Imam of Shiite) and His followers and the promise of inheriting the earth has been allocated the period of advent of Imam Mahdi according to verses’ substances, especially this verse and Shiite’s traditions and some traditions of sunny which accompany with Quran.

According to Sunni narrative sources، Abu Bakr quotes the Prophet’s words that “We، the group of prophets، do not leave any inheritance; what we leave is counted as alms.” Although Sunnis believe in authenticity of this narration، Shi''ites reject it because of lack of the chain of transmission and its conflict with the Quran and the Prophet''s tradition. This article attempts to search this hadith in narrative sources of sunnis and Shiites، investigate criticisms of Shi''ites on it، and present some answers of Sunnis. Finally، the study indicates that the conflict that this hadith bring about in interpretation، Roots of law (usul)، and hadith sciences of Sunnism and Shiism is due to the theological basis of the infallibility. Shi''ites rely on Ali‘s and Zahra’s words and consider them as authority against what Abu Bakr has related. They describe general verses about inheritance in general، prophets’ inheritance and the relationship between the Quran and the Prophet''s tradition based on this word (i. e. infallibility). However، Sunnis reject Ahl al-Bayt’s infallibility. So، they didn’t accept Ahl al-Bayt’s opposition with what Abu Bakr had related in this regard.

In late October 2005, Dr. Abdulkarim Sorush gave a lecture in the University of Sorbonne in Paris, entitled, “Shiism and the Challenge of Democracy”, which met with reactions from academics and seminary figures.Sorush mentioned certain concerns as problems and questions that he was engaged in. Among them, however, apparently one concern and doubt was more apparent, and that is concern with “The concept of finality of Muhammmad’s prophethood and its conflict with the Shiite theory of Imamate”. On the other hand, in his speech and writings, Dr. Sorush deemed it prohibited and impossible that any position be given to the Imam that would be in conflict with Finality. The present article is a critique of his discussions and consists of two parts. The first part sets forth Dr. Sorush’s theory and opinion on the guardianship of the Imams and its relationship with the Prophet’s Finality. In this part, an attempt is made to extract and present his opinion from his other works.In the second part, his views are criticized in various ways. It is first clarified that a precise analysis will not reveal any discrepancy between the Prophet’s Finality and the continuation of guardianship in the Imams.Then, narrations and words of great religious leaders are provided as supporting evidence.

In the legal systems of Islam and of the Islamic Republic of Iran there exist certain differences in laws for men and women, which are sometimes subject to questions or criticism. One such issue is the inequality of men and women in inheritance and diya. An examination of Islamic juridical and legal rules reveals that ‘diya’ is described as blood money by some authorities in the subject, as a penalty by some others, and as restitution by others, while some other authorities consider it as having penal, substitutionaryand compensational, and preventive aspects. Moreover, the philosophy behind the difference between men and women with regards to ‘diya’ and inheritance is informed by another characteristic feature of the Islamic legal system, the one which burdens men with the responsibility of headship of the family and paying for the family expenses.

One of the most important juristic and legal issues in Islam is of inheritance that has always been an issue discussed in Islamic Jurisprudence and the proportion and percentage of male, female, children and others have already been mentioned. Since many Qur’anic verses deal with this issue hence this has become an issue of interest for the scholars of the Qur’anic sciences as well. A lot of research has been taken place on this issue. One of these researches is the same article of the Encyclopaedia of Islam, Leiden entitled irth (inheritance) written by Mr. David Pawurz that has almost dealt with the issue comprehensively mentioning the views of various Islamic schools of thought. But some part of the article needs to be elaborated, critically examined and criticise and the critique has mainly focus the same aspect.Concerning the incoherency of the article, it is clear that the understanding of the certain verses of the Qur’an is not in accordance with the proper exegesis and some of the views are based on the views of Ahlu Sunnah and no attention has been paid to Shi’i Scholars’ views. And the reference of Imam ‘Ali concerning the issue of awl is not actual and similarly, abstraction of the law of inheritance either from the Christianity or Rome as has been mentioned is also not the right one.

The dispute over Fadak was narrated in various sources and is regarded as an important historical event. There is disagreement among the Shiite and Sunni scholars about it. Ambiguity and conflict found among the traditions of Fadak is an important factor of these disagreements. The author of the present paper tries to remove the ambiguities and conflicts without taking the traditions of Fadak into consideration.

The essay discusses the husband and wife inheriting each other, based on Quranic proof, verse 12, sura 4. The verse categorizes some different conditions which note that the widow or widower may inherit certain portion of the inheritance. The author first brings an introduction and explanation on the verse and then mentions the philosophy of legislating the inheritance being discussed in the verse. He also highlights the condition in which the verse had been revealed and the morphology and literary aspects of the verse. The main body consists of fifteen topics being discussed as the significances of the verse.