Obstacles to inheritance from the perspective of Shia jurisprudence and the four schools of thought Journal Article

Machine summary:

Obstacles to Inheritance from the Perspective of Shia Jurisprudence and the Four Schools of Thought 1 2 Hashem Mojtahedi Abstract: Sometimes, due to various reasons and causes that arise, a person who should naturally and according to Sharia laws inherit from the deceased is permanently or temporarily deprived of it. To clarify, followers of the Sunni school believe that prophethood is among the impediments to inheritance, and the property of the Prophet is not transferred to his children and heirs based on "نحن معاشر الانبياء لا نورث وماترکنا" (Ash-Shawkani, 1357 AH, Vol. 5). By examining this carefully, one can conclude that the use of the word "impediment" in our jurisprudential books is sometimes not free from loose expression; perhaps this is because some authors of jurisprudential books, after mentioning the impediments of disbelief, homicide, and slavery under the title of "impediments to inheritance," have categorized the remaining cases, such as birth from adultery, permanent absence (ghaybat munqati'ah), a viable fetus at the time of the decedent's death, or Li'an, under the title of "consequences of rights" or "causes for preventing inheritance. Doubt regarding maleness or femaleness (see, Ibn al-Rushd, Bidayat al-Mujtahid Nihayat al-Muqtasid, 2/344) E) The number of impediments to inheritance according to Hanbali jurists Hanbali scholars have also mentioned three cases, homicide, slavery, and difference of religion, as impediments to inheritance. Doubt regarding masculinity or femininity (see, Ibn Rushd, Bidayat al-Mujtahid Nihayat al-Muqtasid, 2/344) Hanbali scholars also mentioned three cases: homicide, slavery, and difference in religion as impediments to inheritance.