A Study and Criticism of the Proofs of the Exclusion of non- Muslim Heirs by Muslim Ones in Shiite Jurisprudence

Subject Areas : All jurisprudential issues

Tayebe Arefnia ¹ (دانشجوی دکتری فقه و حقوق اسلامی، واحد شهر ری، دانشگاه آزاد اسلامی، تهران، ایران)

Received: 2014-10-15 Accepted : 2014-10-15 Published : 2008-09-22

Keywords: estate-leaver, heir, inheritance of non-Muslim, exclusion,

Abstract :

The Shiite idea concerning the succession of the people of variousreligions is that not only Muslims inherit non-Muslims, but they canexclude them from inheritance. This rule applies although the estateleaveris non-Muslim, or the relation of non-Muslim heirs to him is closerthan Muslim ones.This rule rests on Muslim consensus and certain traditions. Arguingagainst the above-mentioned proofs by showing inconsistency of theabove rule with the spirit of Islam and the generally received foundationsof the Quran and traditions, the present article casts doubt on the rulereferred to. It also proves there should not be any exclusion of non-Muslim heirs by Muslim ones in case the estate-leaver is non-Muslim, orthe relation of no-Muslim heirs to the estate-leaver is the same as or closerthan that of the Muslim heirs.