نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه فقه و حقوق، دانشگاه علامه طباطبائی، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The doubling of the inheritance share of sons compared to daughters may be considered a form of gender and financial discrimination and, from the perspective of justice, challenges Islamic jurisprudence. The present study has attempted to resolve the aforementioned challenge by examining various cases of inheritance shares of women and men, examining the concept and instance of justice, and considering the different occasions of financial responsibility in the family institution, and has concluded that these differences do not necessarily mean discrimination and violation of justice. Violation of justice due to differences in inheritance shares is dependent on us defining justice in the sense of equality and similarity, while this definition itself entails violation of justice and ignoring appropriate and necessary differences. The difference in inheritance shares is, first, proportional to the difference in financial responsibility, which is aimed at the future of the son as a spouse and is in fact aimed at financially supporting the wife and family. Second, the difference in inheritance shares is in some cases in favor of women, and sometimes there is no difference. Therefore, the differences cannot be considered to be due to gender discrimination and violation of justice, but rather indicate a specific style in the politics of the financial system and family management in Sharia.
کلیدواژهها [English]
)