inheritance

According to the Ijtihad-e Olgumehvar theory, we must set templates for the purposes of the judgments and change the form of the sentences or the rules themselves, and in the new context, we will replace sentences derived from the rational and rational form with altered sentences or templates. This theory is directly related to the immortality of the Quran's rulings and needs to be criticized from different dimensions - bases and arguments. The preliminary study merely criticized the Qur'anic evidences of the aforementioned theory-slavery, the inequality of the share of males and females and physical punishments-in a descriptive-analytical manner, as a result of which: although the slave The old one in the present age is not capable of execution, but this does not mean the permanent manuscripts of its rulings, and on the assumption that it is permanent, the generalization of the manuscript is the reason for the other sentences without reason, and, moreover, slavery In the new sense. Regarding the inequality of parity, we should see the parallels and inequalities of the family's economic system in Islam along with the one-dimensional view. The economic engagement of women for inheritance equality is also incomplete because they have had economic activity in different ages and times, and this is not a new issue. With regard to physical punishment, Qur'anic rulings have advantages over alternative punishments, which eliminates obsolete ones.

Article 1167 of Iranian Civil Code with accordance to Shiite jurists dominant opinion proclaims that “an illegitimate child does not belong to adulterous parents. ” From the point of view of an ordinary observer this law indicates that between a natural child and his-her adulterous parents there is no legal relationship and the effects of such relationship, as rights, responsibilities, inheritance, guardianship, tutorship, and alimony are not applicable. Of course, there is an exception foreseen in civil law which is related to interdiction of marriage and in this respect there is no differences between legal and illegal parentage. But in the year 1997 a compulsory decision is rendered by the Supreme Court of Iran which brought a great reform in Iranian law, with regard to consequences of illegal parentage. This decision, according to a minority of Shiite Jurists and Imam Khomeiny’ s opinion, accepts the equal rights for natural and legal children, and specifies that the adulterer is the temporal father of the natural child and in conclusion, all the fatherhood’ s responsibilities like getting birth certificate for the child must be conducted by him. But just the inheritance laws according to article 884 of civil code, is not valid to them. As a result, today when interpreting the article 1167 of civil code, one can conclude that the main idea of no attachment of natural child to adulterous parents is only because of laws of inheritance. Otherwise there is no difference between natural and legal children with respect to duties and rights.