The Legal Effects of Inheritance from the Perspective of theImami Religion and Iranian Law

Throughout history, there have been rulings on property and assets that are a part of this system that states the quality of property transfer and the factors and reasons for non-transfer. The Civil Code of Iran, in articles 864, 862 and 861, in addition to stating the method of inheritance transfer, in articles 880 to 885, it lists the factors and reasons for not transferring the inheritance. Obstacles to murder, infidelity, cursing and birth from adultery are among the factors that Iranian civil law considers as obstacles to inheritance, although scholars and jurists do not agree on the determination of obstacles to inheritance, but the writers of the civil law define the mentioned obstacles based on their opinion. Famous scholars have stated.

This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.

Ethical Considerations:

In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.

Inheritance is one of the social institutions in which legal rules and principles have not been introduced and in the periods of the history of nations, it is based on social traditions and customs and for this reason, in the mentioned institution, the customs and traditions of nations and religious traditions is more important. Legal rules are relied upon and Iranian law is not exempt from this practice and one of the complex legal issues of the Iranian system is the personality status of non-Shia Iranians, of which inheritance is one of the examples.

The transfer and placement of the estate is done from the deceased to the heir when the causes and conditions of inheritance are met, but this transfer is complete when there is no obstacle to the proper effect. These are the causes of inheritance barriers. The famous view in Shia jurisprudence states that the only famous document in the discussion; The prohibition of inheriting an unbelieving heir from his unbelieving heir has been unanimous. Such a point of view in Shia jurisprudence is accepted by everyone, not that every jurist has a special opinion about this, so the Imami jurists are of the opinion that a Muslim inherits from an infidel and prohibits the heirs of an infidel from inheriting.