Jurisprudence the Essentials of the Islamic Law

Jurisprudence the Essentials of the Islamic Law

Criticism of Opinion of Obligation of Belatedly Performing of Missed Acts of Worship upon the Elder Son and Its relation with primogeniture (habwa)

Document Type : Research Paper

Author
Amir Kimia
M.A. in Jurisprudence and essentials of Islamic law- University of Tehran- Qom Campus
10.22059/jjfil.2013.35390
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