اموال موضوع ارث زوجه در فقه و حقوق موضوعه ايران

The Properties Subject to Inheritance by Wife in Islamic Jurisprudence and Iranian Positive law

The husband can inherit his wifeʹs properties and financial rights, but there are different ideas in title kinds of properties of which a wife can inherit. Some believe that according to the text of Quran, a wife can inherit from the whole properties, while others believe in wifeʹs deprivation from some properties and the last group believe in distinguishing between the wife who owns a child and the one who does not own child. The wife who owns a child inherits from the whole properties but the one who does not own a child is prohibited from some properties. According to the popular idea of Imamiye jurisprudents the wife inherits from the price of the building and tree, not the commodities themselves which is supported by the Article 946 of civil code. But under the amendment of Art. 946 in 1387 (2009), the wife will be deprived of the commodity itself, but not from its price. This paper prefers the first opinion over others and says it is necessary to change the civil law in this case.