عنوان مقاله [English]
he four obstacles, “homicide, infidelity, solemn imprecation or maledication and birth out of wedlock” are of the factors which the code of Iran considers them as the impediments of inheritance although the Islamic scholars and jurisprudents are not unanimous with respect to determination of the impediments of inheritance and the authors of civil code have stated the above-mentioned obstacles according to the famous viewpoint of the scholars.
Homicide is the only impediment of inheritance which has been mentioned in the most Islamic and non-Islamic countries as one of the factors which impedes the conveyance of patrimony from devisor to devisee, and perhaps the mystery (philosophy) of it has been preventing from achievement of certain evil intentions including material aims which are of the main motives in committing a crime. On this bases an unlawful murder (direct and inderict killing) will be an obstacle to succession. In this article we will examine all types of
homicide as well as the cases which prevent from taking any inheritance.