نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه فقه و حقوق اسلامی، دانشگاه تبریز، تبریز، ایران
2 دانشآموختۀ کارشناسی ارشد فقه و حقوق اسلامی، دانشگاه تبریز، تبریز، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Civil law under the article 836 defines a person who attempts to commit suicide without a special right to make a will, and explicitly states that if he makes a suicide before his will, it shall be void. In principle, it should be said that the jurisprudents have relied on different arguments such as the authentic hadith of Abi Vallad, madness, low status, lack of deployment of life and comparison with the deceased murderer, among which only one can justify the authentic hadith of 'Abi Vallad as the firm reason for this verdict. Although some of the jurisprudents referring to the word "third" in the aforementioned hadith and considering a context for that term, either in terms of a significant issue (Qadre Motayaqqan), or from original relinguishing (Enserafe Zohuri), hold that the invalidity of this kind of will is specific to financial affairs, the findings of the research show that in addition to application of the words of many jurisprudents, application of the above-mentioned tradition also confirms the theory of absolute invalidity of will, including financial and non-financial wills, and the same result follows from the application of Article 836 of the Civil Code. Also, on the basis of the same application and contrary to the promise of some jurisprudents, invalidity of the will of a person committing suicide does not depend on the fact that his suicide action has led to his death, but the very attempt of committing suicide would be enough.
کلیدواژهها [English]
