Document Type : scientific

Authors

• mohsen moosavi far ¹
• hamidreza safiy avandary ²
• m k ³

¹ Corresponding Author, Assistant Professor, Department of Law, Razavi University of Islamic Sciences, Mashhad, Iran.

² PhD Student in Criminal Law and Criminology, Razavi University of Islamic Sciences, Mashhad, Iran.

³ Master’s Student in Criminal Law and Criminology, Razavi University of Islamic Sciences, Mashhad, Iran.

Abstract

Among the legal effects attributed to marriage is inheritance between spouses. However, according to the dominant view of the Imami jurists, inheritance between spouses in temporary marriage (Mutʿa) is not established. On the other hand, a general jurisprudential principle holds that many conditions can be incorporated within contracts, and once the contract is completed, adherence to those conditions becomes obligatory. The question arises: if the parties include a condition of inheritance within this contract, will they inherit from each other? If the legal requirements and reasons for inheritance are met, does this condition cause a person who is not an heir to inherit or not? This study, using a library-based descriptive-analytical method, concludes that firstly, the marriage contract by itself does not inherently entail inheritance; however, if inheritance between spouses is stipulated as a condition in a temporary marriage contract, such a condition is valid and enforceable. This conclusion is supported by the generality of the verse on inheritance, the narration “Believers are bound by their conditions,” and other relevant traditions.

Keywords

• Temporary marriage (Mutʿa)
• Inheritance
• Condition
• Law
• Spouses

Main Subjects

• Jurisprudence & Law