Resumen de The effect of time and place elements on evolution of couple’ legacy in Iran law and Islamic jurisprudence
Seyed Mohammad Sadri, MohammadReza Nabizadeh Arbabi, MohammadYar Arshadi, Heidar Amirpour
Possession and ownership instruments are obtained from Islamic sharia and Iranian civil law which one of them is heritage. Among Islamic verdicts, heritage is derived from couple assets and this specification is derived from followers of Imam Religion attributed to innocent imams. According to it, couples are not benefited from all properties and shares.The findings show that some of verdicts attributed to narrations of imam are derived from special time and place situations. The importance of couple’ deprivation is stated that the couples shall be remarried after obtaining their share and caused to enter third party to their life. During current century, deprivation of the couple in the heritage mode is confronted. The inferential is that the time and place contingencies (era for forming Islamic government) was regarded as effective factor and this reason can enable to remove society’ needs so that article 946 of Iranian civil law confirmed it.
