نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشگاه علوم اسلامی رضوی
2 فقه و اصول- عضو هیات علمی- دانشگاه علوم اسلامی رضوی
3 استادیار گروه فقه و مبانی حقوق اسلامی، دانشکده الهیات و معارف اسلامی، دانشگاه قم، قم، ایران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
One of the jurisprudential branches of inheritance is the wife's benefit from her husband's inheritance. According to general verse 11 of Surah Nisa and some hadiths, the wife inherits all of her husband's inheritance. On the other hand, there are narrations that seem to point to his complete deprivation or deprivation in general from the land belonging to his wife. This research is descriptive-analytical and using sources of evidence to investigate and criticize the way jurists deal with these arguments and draw conclusions. It is a sentence suitable for today's conditions. In order to achieve this goal, after categorizing the narrations of the subject in three categories, seven approaches of the jurists about these narrations have been examined and criticized. In the last step, the selected point of view has been arranged in two phases, which are: the feasibility of changing the rulings by changing the conditions and the selected method of confronting the traditions. In the last part, the explanation in the hadiths has been investigated and the conditions of the family system in the present era and the current period have been considered as a component to find a suitable ruling. The result of this article is that the set of evidences for the exclusion of the wife from the real estate, in particular, are related to special conditions and when these conditions change, especially in the current era, the ruling of the wife's productivity is based on the entire property of the husband.
کلیدواژه‌ها [English]
)