Criticism of Opinion of Obligation of Belatedly Performing of Missed Acts of Worship upon the Elder Son and Its relation with primogeniture (habwa) | ||
| فقه و مبانی حقوق اسلامی | ||
| Article 6, Volume 45, Issue 2, March 2012, Pages 85-101 PDF (188.52 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.22059/jjfil.2013.35390 | ||
| Author | ||
| Amir Kimia | ||
| M.A. in Jurisprudence and essentials of Islamic law- University of Tehran- Qom Campus | ||
| Abstract | ||
| The right to habwa and peculiarity of some part of properties of the deceased person to his eldest son gratuitously, which prevents other heirs from that part, is criticized by some and caused some jurists to present some opinions announcing negation of habwa being gratuitous. One of such opinions grants the eldest son the right to habwa in return for belatedly performing of missed acts of worship and not being gratuitous. However, proofs of obligation of belatedly performing of missed acts of worship of deceased person suffer from weakness in both the chain of transmitters and the content. It should be noted that should their weakness be ignored and obligation be proved, there would still be no mutual implication between observing that obligation and receiving habwa. | ||
| Keywords | ||
| habwa; Inheritance; deceased person; eldest son; missed acts of worship; Duty; right; countervalue; Condition | ||
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