Scientific Judgement


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Reza.Vahidi
1
 
 
Fundamentals of ownership and inheritance laws  
and social values in Islam and Christianity 
Introduction 
Inheritance 
The concept of inheritance in vocabulary is means to survival and remaining and 
heir to means remains is one of God's names
2
. Inheritance of demise, inherits and 
inherited to means transfer of property or assets of deceased to others (relatives 
related and causal) that it is without the contract (forcibly)
3
. Inheritance, inherited, 
being owner of property and assets of the person who died, leaving financial after 
his death, either with or without his advised is legacy that a person entitled to with 
death of his people close
4
.  
Generalities 
Definition of inheritance and legacy 
“Miras” (Heritage) is on the weight of “Foa’l” and its principleis “Muras” and Ya’ it 
is boiled of “Vav”.  Heritage is derivative or from inheritance or from hereditary, 
according first (meaning the plants to die) means person entitled to the property of 
deceased that is originally because of relative or causal kinship. The second meaning 
(conventional) means what that human being is deserved due death 
another
5
.Heritage is what that every human is entitled with the death of another, due 
causal or relative relatives
6
.   
Ownership 
Seise is called ownership and in chapters relating to contracts, rhythms and in 
chapters such as fight, reviving the dead and boundaries are discussed of them.  
Assignment rule Ownership 
Means to provide its tools, as agreed in the contracts, reviving the dead is issue 
lawful. But sometimes finds another warrant due to formal, such as remoteness and 
                                                 
1
 Tbilisi, December, 2012 
2
Language Dictionary 
3
Vocabulary words of the Quran, p 555 
4
Moien dictionary, Vol 2, p 194 
5
Damascene Brightness (Al-Lomeah Al-Dameshghiyah), ShahidThani, Vol 2, p 288. 
6
Key dignity (Meftah Al-Keramah), MohamadJavada’amoli, Vol 8, p 4  

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193 
hate of ownership by the way borrowing without the necessity, necessary to 
ownership Performing water by purchase if stopping the water obtained on it.  
Possession structure 
Despite due to possession and ownership are two crucial acquisitions of ownership. 
Due to possession: due to possession is or optionally or coercive. Optionally causes 
include: 1. accept in directive possession contracts such as; sale, gift, truthfulness, 
reconciliation, Leasing and...., 2. Possession, 3. Reviving the dead, 4. Booty, 5. 
capture, 6. Getting to survivorship, 7. Clearing. Coercive possession causes include: 
1. the death that is due to coercive transfer assets of deceased to heirs, 2. Apostasy, 
that property of apostates with the condition forcibly will be moved to his heirs. 
Possession:  in possession qualification is provided. Humans, even the fetus in the 
womb has qualified of possession. Hence, the fetus will inherit if will born alive
1

Therefore it is obviously Issue that heirs are forcibly owners of religious and legal 
property of dead. In civil law of Iran, like most laws in the world, inheritance is not 
defined. However in article 140 of the mentioned law, the inheritance is recognized 
of causes of possession and it is defined as: Coercive transfer of deceased assets to 
his heirs. Purpose of assets, financial entitlements of deceased is that he had when he 
has been died
2

Definition of social value 
Value term in Persian language is gerund of to cost and has the following meanings: 
Worth, degree, entitlement, deserve, merit, elegance, becomingness, grace and 
capability. In English is equivalent with Valeur that means rank, honor, worth, 
cherish and to important and in French is equivalent with Valeur that means cost, 
worth, degree, entitlement, elegance, becomingness. In terms of sociology, social 
values (social norms) is defined what that is the subject of public acceptance. Social 
valuesconstitute facts and matters that have desirability and are demands and wishes 
of the majority society.Agbrn and Nimkoff said, Social value is the event or affair 
that been has attention community. Social values are motivation of social trends and 
social trends are general tendency that isexisted in every person and flow throw 
perceptions, emotions and actions of him in a certain direction. Each fact material or 
moral that in the community are stature and can to satisfy the material and spiritual 
needs of people is from Social values. When we teach children that respect to older 
than own and say hello to them, he or shi listen to the parents and make them proud 
and be obedient, in fact, we place on them mind the social values. Maybe social 
values are based on principles and phenomena that have been good and evils social, 
therefore could be explained and can through study and reasoning and understanding 
                                                 
1
Platform righteous, ETA ... Khuie, Vol 2, p 169; Clarifying references, V 1, pp. 393-665. 
2
civilian rights, Hassan Emami, Vol 3, p 169 

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194 
of issues arising of them can created social context favorable to the acceptance of 
new values
1

Heirloom 
What of property and rights and positive and negative assets of the deceased at the 
time of his natural or legal death remains called heirloom, however has not material 
value, such as Emblems, Medals and photo albums
2
. Transfer of heirloom to heirs is 
coercive and provided by law.  Accept or reject by heir has not effect on the coercive 
transition
3
. Human history in the maze of time, leaved behindbright and dark dots 
and on different subject, has been bitter-sweet events. Including these issues is cases 
which in human societies had many ups and downs. With a rational view to 
historical discourse of inheritance among religions and schools and historical 
societies can realize that has been great importance and has covered an important 
part of economic, social and spiritual issues and has required to rules and regulations 
and scientific detailed planning, to that can organize the equitable division and 
distribution of wealth and inheritance left of dead. Due to the each human by his 
work and effort in his life will be owner of property and assets, low or high, so after 
his death, each religion and schools and government has been program for his 
heirloom. Because of when human understand the concept of ownership and 
collective life began, anyone who depart from the world, others seizedhis assets. In 
the religions and history governments are expressed different orders. The different 
sentences are due to which human judged on behalf of him and different 
intelligenceshad to follow different sentences. If the sentencesinvokedto the holy 
lawgiver that is God, never did not occur the difference and mistake: 
Had there been therein (in the heavens and the earth) gods besides Allah, then 
verily both would have been ruined. Glorified be Allah, the Lord of the Throne, 
(High is He) above what they attribute to Him!
4
 
}
اتدسفل ﷲ لاا هھلا امھيف ناك ول
{
 
Inheritance law in Islam is based on revelation, whichis talk of almighty and wise 
God.  
History of Inheritance 
Obtained from historical documents that law Inheritance is there in all religions and 
nations. As it in government of Babylon would only divide between boys and girls 
only to amount of taken dowry had inheritance. In Jewish law for girls is not divided 
                                                 
1
 Web site of Roshd, Persian Date: 06/09/1391  
2
Article 150 of the Civil Code 
3
 article 153 of the Code 
4
 Quran, Al-Anbiya, 22 

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195 
into shares and share of eldest son is two times of other sons and if there is not any 
son belong to his daughter. But in Christianity, because is based on spirituality, 
ethics and afterlife and Gospel do not provide law, an independent and specific law
so Lord of the church and scholars of them sometimes refer to sentences of Jewish
1

In the case they have independent law and for each of the boys and girls are given 
equal share and for unmarried sons and daughters before divide the inheritance, first 
spending of wedding is separated from the heirloom and the rest is divided equally 
between the children.Also testator can before of die deprived from inheritance his 
child due to him misbehavioror he advised that moved to the church total his assets. 
Also if has been no child, if his wife is obliged that after him will not had husband, 
all property will belong to her. 
Classes of heirs in law of Christianity 
1. Children And descendants of the children to be much lower 
2. Parents and brothers and sisters of deceased and children of brothers and 
sisters to be much lower. Of course, with be alive parents, the whole of 
heirloom will divide equally between them 
3. Parents of parents, uncles and aunts of the deceased and their descendants to 
be much lower (Of course, with be alive parents, the whole of heirloom 
will divide equally between them) 
4. The paternal grandparents of deceased to be much higher  
5. Children of descendants of deceased to be much lower
2
 
Inheritance Law in Ancient Persia 
Heirloom evenly divided between boys and girls and wife. If the girl is married then 
she had not share of inheritance.  
Inheritance law in during the Arab ignorance 
Due to the fact that women and children did not participate in the invasion and war, 
they had not inheritance and were barred and sometimes even the woman that her 
husband was died, brought into accountof Inheritance property. 
                                                 
1
 Orientalists and Quran, Mohammad Zamani, p 464 
2
Comparative Studyin religious minorities and legal ofIslam and Iran, A. Fahimi 

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196 
Inheritance law in Europe 
Inheritance is based on inbreeding. Whoever iscloser to dieof the blood, alone he or 
she hasInheritance and others are deprived. Woman will inherit when she does not 
be in four categories of anyone. With this situation often women barred from 
inheritance. 
Inheritance law in communism 
Based on law of common anddependency, wealth belongs to public and is Abolition 
of private ownership and howeverbased on naturalhuman law was passed 
inheritance law. 
Inheritance law in period Egyptian Pharaohs 
First known all the property of the dead as king's estate and after the law changed 
and was given to eldest son. 
Inheritance law inAncient Greece 
Because property and wealth human was general public estate, so Inheritance was 
estate of general public and eldest son was representative of the public in the 
administration of property of the dead. Finally because of that does not lose 
incentives for people on work, law Inheritance and property had to older children. 
Inheritance law inRoman Empire 
They had known heritage special of children's paternal and offspring were excluded 
from inheritance. For example, if the mother had died, propertydid not received to 
her children but had belonged to her brother and sister and after the rule change 
would be divided equally among all heirs, male and female
1
.  
Value basis of inheritance law in Islam 
All rules and progressive words of last scripture, holy Quran, are expressing the 
basis of rational arguments. Whatever we had been distance from date of revelation 
of this scripture, more scholars and more equitable looking for its words and 
arguments. Perfect and comprehensive description of the Holy Quranhas detailedin 
words of the Prophet Muhammad and his successors infallible Imams (AS) and there 
is in human access. Inheritance law in Islam is based on the following values: 
                                                 
1
 Orientalists and Quran, Mohammad Zamani, p 464 

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197 
1.  Islamic inheritance law is consistent with the dependence of human natural. 
Humans have innately tendency toward wealth and children and families. 
Great demiurgeis founded the inheritance law on the basis of his innate 
tendencies: 
So set you (O Muhammad SAW) your face towards the religion of pure 
Islamic Monotheism Hanifa (worship none but Allah Alone) Allah’s Fitrah 
(i.e. Allah’s Islamic Monotheism), with which He has created mankind. No 
change let there be in Khalqillâh (i.e. the Religion of Allah Islamic 
Monotheism), that is the straight religion, but most of men know not.
1
 
}
ةرطف
 

 
يتلا
 
رطف
 
سانلا
 
اھيلع
 
لا
 
ليدبت
 
قلخل
 

 
كلذ
 
نيدلا
 
ميقلا
{
 
To humans, based on this warrant and values of its heavenly distance from ill and 
lazy and have happy to be living life.  
2.  Inheritance law has attention to distribution and motion of wealth and not 
static and interruption, like law of Fai and spoils: 
What Allah gave as booty (Fai') to His Messenger (Muhammad SAW) from the 
people of the townships, - it is for Allah, His Messenger (Muhammad SAW), the 
kindred (of Messenger Muhammad SAW), the orphans, AlMasâkin (the poor), 
and the wayfarer, in order that it may not become a fortune used by the rich 
among you. And whatsoever the Messenger (Muhammad SAW) gives you, take 
it, and whatsoever he forbids you, abstain (from it) , and fear Allah. Verily, 
Allah is Severe in punishment.
2
 
}
ام
 
ءافأ
 

 
يلع
 
هلوسر
 
نم
 
لھا
 
يرقلا
 
هللف
 
و
 
لوسرلل
 
و
 
يذل
 
يبرقلا
{
 
Inheritance law in distribution of wealth has been attention to relatives of the dead 
class: 
The Prophet is closer to the believers than their own selves, and his wives are 
their (believers') mothers (as regards respect and marriage). And blood 
relations among each other have closer personal ties in the Decree of Allah 
(regarding inheritance) than (the brotherhood of) the believers and the 
Muhajirûn (emigrants from Makkah, etc.), except that you do kindness to those 
brothers (when the Prophet SAW joined them in brotherhood ties). This has 
been written in the (Allah’s Book of Divine) Decrees (AlLauhAlMahfûz).
3
 
}
...
و
 
ماحرلااولوا
 
مھضعب
 
يلوا
 
ضعبب
 
يف
 
باتك
 

...
{
 
                                                 
1
 Quran, Al-Room, 30 
2
 Quran, Al-Hashr, 7 
3
 Quran, Al-Ahzab, 6 

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198 
3.  Equitable distribution in inheritance is based on needs and requirements and 
responsibilities of dead survivors
1

Inheritance law in Islamic law 
Pillars of inheritance:Testator, Inheriting, Heritage. Testator: The person who leaves 
from himself inheritance.Inheriting:The person whotakesinheritance.Heritage: What 
that remains of the dead, whether be property or transferable right, such as the right 
ofchoose and survivorship. It is called heirloom or heritage. In the religious textsto 
follow of Quran, inheritanceis been interpreted the "obligation".Rig and reasons of 
inheritance: 1-Ancestry (relative), 2-Causal (Article 861 of Law). 
Relative heirs 
Relative heirsare said to the remaining that have beenattached to the dead with 
religious birth
2
 and is considered to the following three categories
3
:First class: 
parents and children (grandchildren will inherit in the absence of parents and 
children)
4
.  
Second class: paternal and maternal grandparents, whateverto be much higher, 
paternal brother and sister or maternal or paternal and maternal and their children. In 
this class, the near inheritingpreventedto inherit the far inheriting. For example, 
despite the ancestor and foremother of the dead, the second ancestor has not share 
and despite the brothers and sisters, their children will not implement inheritance. 
However, their children will implement inheritance despite the ancestor 
andforemother
5

Third class: paternal uncle, paternal aunt, maternal uncle, maternal aunt and their 
children in the absence of parents. Except for one case, cousin paternal and maternal 
or paternal uncle be together. In this casecousin is first to the public. Of such heirs of 
this class in the absencepaternal uncle, paternal aunt, maternal uncle, maternal aunt 
and their children, are paternal uncle, paternal aunt, maternal uncle, maternal aunt of 
father of the dead
6
. It is obligatory to order observanceof floors and until has been 
remain of each class one person does not inheritance the person of next class. 
Causal heirs  
It is two kinds: 1- parity (marriage), 2-allegiance 
                                                 
1
System of inheritance in Islamic law, JafarSobhani, p 14 
2
Jewels (Javaher), Vol 39, p 7 
3
articles 893 ta 905 of law 
4
Jewels (Javaher), Vol 39, p 117; civil law, articles 906 ta 915 
5
articles 916 ta 927 of law 
6
Jewels (Javaher), Vol 39; articles 928 ta 939 of law 

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199 
1.  Parity (marriage) 
Permanent marriage leads toinherit husband and wife from each other. Despite the 
all causal and relative heirs couple inherits from each other. Therefore they are not 


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