نوع مقاله : پژوهشی (داوری عادی)
1 مدرس دانشگاه آزاد اسلامی دانشگاه شیراز
2 دانشجوی دکتری دانشگاه آزاد واحد لارستان
عنوان مقاله [English]
In Islamic legal system and Iran's regulations, an ill person's marriage who is about to die is distinct from other peoples' marriage. Article 945 of Iran Civil Law has made the maid's inheritance in marriage to an ill person subject to sexual intercourse or achieving recovery and inheritance without sexual intercourse is void and null. Imamiyeh jurists have interpreted the above-mentioned decree based on the related traditions and there is no contradiction in the main decree. As stipulated in traditions, given a near-to-die patient dies before any sexual intercourse, the marriage contract is void and null and the wife does not inherit her deceased husband. The nature of marriage nullity, enforcing or revoking decree to the ill, the wife's death earlier her husband's, and the nature of near-to-die illness are all considered among obscurities in this issue and Imamiyeh scholars disagree on it. Among other sects, only the jurists of Maleki sect issued the fitwa for nullity of a patient's marriage. Other sects consider the patient's and healthy's marriage authentic and issued a fitwa to the authenticity of patient's marriage and couples' inheritance. Using library references to state the jurisprudential principles of this article, the researcher has endeavored to alleviate the obscurities and to identify the origins of disagreements among Sunni Sects jurisprudents.
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