The source of legal validity of property in inheritance from the perspective of the Holy Quran and its impact on the Islamic economic system

Document Type : Original Article

Authors

1 فارغ التحصیل دکتری فقه و حقوق دانشگاه تهران

2 Dean of the Faculty of Theology, University of Tehran

3 Qirābat bar Heir, Farẓ bar Heir, Transferring the Inheritance,

Abstract
Forced transfer of ownership of a corpse to an heir is considered a private right of individuals and the involvement of the governing body in it is legally ambiguous. In the manner of acquiring inheritance, the civil law states that it is innate, and some have contented themselves with rationality and the requirements of social life without rooting out the problem. By explaining the quality of inheritance from the perspective of the verses of the Holy Quran, this discussion seeks to express the origin and legal validity of property in inheritance in the Islamic legal system; In the light of which, one can interpret the legislative laws and the philosophy of rulings and explain the interference of the sharia and the governing institution in it.
From the point of view of the Holy Qur'an, this private right is rooted in public law, and its legal validity, contrary to the well-known natural theory, is to prove its falsity to the forgery of the Shari'a, although this forgery is also compatible with nature; Which was explained by explaining the Qur'anic evidences in the four documents of substitution, imagination, forgery and divine determination; As a result, with the development of Qur'anic arguments showing the institution of possession in inheritance, a proper explanation of its legal status in the Islamic legal system can be led.

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