Method of Dividing the Inheritance

Inheritance is a legal event that takes place upon the actual death or hypothetical death of the legator, and the heir’s ownership of the deceased’s estate is not established except after the payment of the rights and debts owed to the deceased’s estate. Therefore, the acquisition of the heritage is not the effect of the will of the heir and the acquisition is not realized by his consent, but the acquisition of the inheritance is coercive and according to the religion and law and the will of heir has no interference in it and the entrance and beginning of this acquisition is the death of the legator . However, the legislator has given each heir the right to accept or reject the heritage. In this article, the method of dividing the inheritance from the perspective of Shiites is discussed and after that, the words and phrases of concepts and generalities of elements, different types of inheritance, history of inheritance, causes and conditions of inheritance, and barriers to inheritance are explained. Our purpose in this work is to collect information and famous points of view, for easy and convenient access of each people to the unknown questions. The author’s hypothesis is that the causes of inheritance, in  addition to lineage and cause, also include mastership (Welaa) and the deceased’s inheritance is transmitted from Master (Moala) to the person taken over (Moala Alaih) by the death of the master, Unless the debt belongs to the estate or one of the barriers to inheritance exists. And, in short, all the rights (Khyarat) of the deceased are transferred to the heir. In this research we used library method with descriptive-explanatory approach.