Volume 27, Issue 3 (2020)                   AIJH 2020, 27(3): 103-122 | Back to browse issues page

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Sarkhosh J, Habash M. The Problem of Deprivation of Grandchildren from Inheritance of Grandfather after Their Father’s Death and Finding a Solution for Them. AIJH 2020; 27 (3) :103-122
URL: http://aijh.modares.ac.ir/article-31-39292-en.html
1- Department of Fiqh and Principles of Islamic Law, Al-Zahra University, Tehran , j.sarkhosh@alzahra.ac.ir
2- Department of Fiqh and Principles of Islamic Law, Al-Zahra University, Tehran
Abstract:   (2499 Views)
The research is about developing a solution to prevent deprivation of grandchildren from the legacy of the grandfather after the death of the father. Since the inheritance will be a source of livelihood for the grandchildren, they are the most closest to the grandfather. This is the fact that scholars and jurists give their opinions on the matter of the presence of uncles for the grandchildren and their inheritance. The aim of this research is to try to find a solution to this problem based on the opinions of two jurists because the issue of inheritance is important and one of the important legal matters in society. The study seeks answer as: Why are grandchildren deprived of inheritance after the death of their father, especially with the presence of uncles? What causes conflict between families and what the grandchildren go through from poverty? In this matter, Shiite and Sunni jurists believe that the grandchildren do not inherit their grandfather as long as uncles themselves are present, that is, the grandsons cannot get anything in the presence of uncles or aunts. As the grandchildren "go down," the nearest to them blocks the farthest ones. However, there is no explicit indication of such deprivation in Qur’anic verses and Hadiths. Based on opinions of some jurists, the study reached to the conclusion that when grandfather writes his Will, grandchildren get about one-third of the inheritance but they don’t get the same currently. The research takes the descriptive and analytical method as an approach since it accommodates the areas in highlighting all opinions and interpretations.
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Article Type: مقالات علمی پژوهشی | Subject: Arts and Humanities (General)
Received: 2019/12/29 | Accepted: 2020/03/29 | Published: 2020/09/24

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