نوع مقاله : پژوهشی
نویسندگان
1 دانش‌آموختۀ کارشناسی ارشد، علوم قرآنی و حدیث، دانشگاه علوم اسلامی رضوی، مشهد، ایران.
2 استادیار، گروه فقه و مبانی حقوق، دانشگاه علوم اسلامی رضوی، مشهد، ایران.
3 استادیار، گروه فقه و مبانی حقوق اسلامی، دانشگاه قم، قم، ایران.
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
AOne of the jurisprudential sub-topics in the field of inheritance is the extent to which a wife is entitled to inherit from her husband’s estate. The difference of opinion among jurists on this issue is such that some have considered it one of the most complex questions in Islamic jurisprudence. According to the general wording of verse 11 of Surah An-Nisā and some traditions (Aḥādīth), the wife inherits from all of her husband’s estate. However, there are also traditions which, at first glance, indicate the wife’s total or partial deprivation from inheriting her husband’s land property. This research, using a descriptive-analytical method and relying on authentic sources, aims to examine and critique the way jurists have approached these pieces of evidence and to propose a ruling appropriate to current circumstances. To achieve this goal, after categorizing the relevant hadiths into three groups, seven approaches of jurists regarding these traditions are examined and critiqued. Subsequently, the selected viewpoint is organized in two stages: (1) the feasibility of changing rulings due to changing circumstances, and (2) the preferred approach to dealing with the traditions. The latter part includes an analysis of the rationale embedded in the narrations and considers the structure of family systems during the Imams’ era compared to the present day, thereby presenting context-based criteria for deriving an appropriate ruling. The outcome of this study is that the evidence pointing to the wife’s partial deprivation from inheriting real estate is related to specific conditions such as tribal living and its family obligations. With the change of these circumstances—especially in the present era—the ruling that the wife is entitled to inherit all of her husband’s estate is established.
کلیدواژه‌ها [English]
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