تصرفات بيمار در حقوق اسلامي و حقوق ايران

The Ownership of the 111 According to Islamic Jurisprudence and Iranian Law

Although in terdiction and emancipation of minors are stipulated in the Iranian civil law, terminal illness is not mentioned therein, it only includes precepts on marriage and divorce. One question is: does its silence mean that the legislators did not want to count illness as a cause of interdiction or prohibition? If we refer to decrees by experts in jurisprudence, it is noticed that the issue is also a controversy among Shiite expersts. However sonnite jurisconsults unanimously believe that terminally ill people cannot enjoy the ownership of more than one-third of the property. This article clarifies that, according to quotations from the Infallibles and decrees of some Shiite experts in jurisprudence, possession of one third of property by the ill person is valid, more than that being contingent on the affirmation of the heirs.