حبوه : تحليل آن در فقه و قانون مدني

Habwah in the View of Figh and Civil Code

Habwaʹ or primogeniture is an exclusively Imamite term used in juristic books as the heritage belonging to the first class heirs. Since it is an exception to the general heritage rule existing in this regard, it is applied only where one is certain about the subject matter and its particular ruling. However when one is not certain the application of this rule is suspended. Written with a theoretical approach and based on contemplation on juristic sources, the paper aims at assessing the examples of primogeniture trying to find whether or not it is possible to replace it with other properties. It also compares article 915 of civil code with Imamite jurisprudence. According to the article, primogeniture includes things such as ring, Qurʹan, sword, personal attire of the dead, which are given as a heritage to the eldest son.