خلاصة:
A study of the Holy Qur'an and related texts, such as books on commentary and jurisprudential sources, shows that the issue of "inheritance" is one of the most important Islamic issues. In several verses of the Holy Quran, in addition to raising the issue of inheritance, many details have been stated that this revelation is due to the attention of the holy sharia of Islam to inherit. On the other hand, among recent commentators and jurists, Dr. Mohammad Sadeghi Tehrani can Quranic and jurisprudential scholars have criticized and analyzed their theories. This article is a step in this direction. At the beginning, after the introductory topics, the biography and works mentioned were introduced. Then, his views on inheritance issues related to "a woman's inheritance from her husband's estate" were mentioned along with Qur'anic arguments with their jurisprudence. From an honest point of view, a woman inherits from the same land (and not exclusively the price of the land) and in the right to inherit, there is a difference between women (permanent and non-permanent, old and young and old, priced and otherwise, with and without children) does not have. The detail between movable and immovable property is contrary to reason, justice and custom, and finally, the narrations related to the discussion of inheritance cannot be preceded by the verses of the Holy Quran. These views of Mr. Tehrani have been considered by contemporaries.
ملخص الجهاز:
Despite the explicit statement and the apparent meaning of the Quranic verses regarding the manner and amount of a woman's inheritance from her husband, commentators and jurists, by relying on narrations, have presented different and sometimes contradictory views.
In addition to the numerous and abundant works of past jurists and scholars such as Sheikh Mufid, Sayyid Murtada, Sheikh Tusi, Allamah Hilli, Muhaqqiq Hilli, Shahid al-Awwal, and Shahid al-Thani, as well as jurists later jurists such as Naraqi, Najafi, and Tabataba'i Yazdi, the subject of inheritance, especially a woman's inheritance from her husband, has been noted; numerous works have also been written in the form of jurisprudential books, tafsir (exegesis) books, and articles to explain the views and evidence of jurists.
Huwayzi, in a hadith from Uyun Akhbar al-Rida regarding the correspondence of Imam Reza (AS) with Muhammad ibn Sinan about the causes rulings has narrated, that the reason why women do not inherit from their spouses' properties except for the value of the buildings is that a building cannot be changed through division and transferred from one place to another.
Based on a narration from Muhammad ibn Muslim, Imam Baqir(a) says regarding a man who has entered into a temporary marriage with a woman: "If inheritance was not stipulated within the contract, they inherit from each other" (Kulayni, al-Kafi, Vol. 5: 465).
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