Difference in Inheritance of Men and Woman and Explanation of Its Value-based Principles

ABSTRACT: Considering the characteristics of man and women and the duties put on their shoulder genetically, some canonical differences are also found between them in law. These differences are regulated by virtue of the creation of man and woman and the canonization of provisions is based on their creation. In canonization and legislation system, of the instances that reveal the difference between man and woman is the issue of manʹs and womanʹs inheritance which in this paper, the difference in inheritance has been looked on from different ways such as being husband and wife, father and mother, childrenʹ inheritance and bestowal based on the views of scholars of jurisprudence and the value-based fundamentals of these differences have then been analyzed. The result pertaining to this discussion is that the inheritance law and decrees are founded based on social justice in Islam where family and social responsibilities of both woman and man have been observed.