Critique of the allocation of inheritance in uncertain deaths by drowning and destruction (based on linguistic relationships in evidence)

Articles in Press

Document Type : Original Article

Authors

• seyedeh reyhaneh rezaeian ¹
• Mohammad Rasoul Ahangaran ²
• Mohammad Jafari Harandi ³

¹ Jurisprudence and Law Faculty of Law, Theology and Political Sciences, Research Sciences Unit, Tehran Azad University

² Professor of Islamic Jurisprudence and Foundations of Islamic Law, University of Tehran (Farabi Campus), Qom, Iran

³ Associate Professor, Department of Jurisprudence and Fundamentals of Law, Faculty of Humanities, Islamic Azad University, Imam Khomeini Memorial Branch, Shahreri, Iran

10.22067/jfiqh.2024.85593.1695

Abstract

Inheritance condition relies on the confirmation of the heir's survival after the death of the deceased. Individuals whose time of death is uncertain and where the precedence of one's demise over the other is not determinable, do not fulfill the inheritance condition according to the primary rule. However, in the cases of drowning and destruction, an exception has been made, and the uncertainty of the time of death of both parties will not impede inheritance. According to the more prevalent view among jurists, this exception should be narrowly interpreted; however, proponents of extension, mainly based on some general customary considerations - without focusing on the specific wording and phrases in the evidence - have deemed titles extracted from evidence as lacking specificity, thus extending the ruling of exemption from the titles of drowning and destruction to similar cases.



In the current research presented through a descriptive-analytical method, an attempt has been made to explore the linguistic relationships existing in the evidence's terminology, aiming to discover criteria and refine the subjects discussed so that, through this approach, extending the ruling to similar cases such as traffic accidents and others becomes feasible. In this study, by juxtaposing the terms extracted from the evidence, the lack of specificity in destruction and drowning has been established.

Keywords

• "؛ Uncertain Deaths"؛ Inheritance in Cases of Destruction and Drowning"؛ Article 873 of Civil Code"؛
• "؛ Inheritance in Traffic Accidents"

Main Subjects

• Principles of jurisprudence

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