بررسي فقهي مانعيت قتل از ارث در مذاهب خمسه

A Jurisprudencial Study on Prohibition of Receiving Inheritance due to Murder in Five Fiqh Schools

There have been decrees on wealth and properties throughout history, a part of which describes how these properties should be transferred and the factors which prevent from this transfer. In Articles 861,862, and 864, in addition to the way of transferring the property, in Articles 880 to 885 the elements and the factors that prohibit the transfer is numerated. Murder is one of the causes that Civic Law in Iran has considered a prohibited factor. Although scholars and jurisprudents do not agree on the prohibited factors on inheritance, murder is a cause that prohibits the transfer of the left properties to the murderer in most Islamic and non-Islamic countries. Perhaps, it is to prevent evil acts, such as the murder of the offerer of inheritance by an heir or an heiress due to the motivation of receiving a portion of the deceased manʹs property. Accordingly, the intentional murder causes the prohibition of receiving inheritance.