A Comparative Examination of the Inheritance System under the Iranian Civil Code and the Personal Status Regulations of Iran’s Religious Minorities (Zoroastrians, Jews, and Christians)

Abstract

The present study aimed to comparatively examine the inheritance system under the Iranian Civil Code and the rules governing inheritance among recognized religious minorities, including Zoroastrians, Jews, and Christians. The primary research issue concerns the differences in the foundations of inheritance, conditions of succession, classes and degrees of heirs, inheritance shares, and impediments to inheritance between the general system established by the Civil Code and the religious regulations applicable to religious minorities, as well as the challenges arising from conflicts between formal legal rules and religious norms. This study employed a descriptive-analytical method with a comparative approach. The data were collected and analyzed through the examination of laws, personal status regulations, judicial decisions, advisory opinions, and relevant library-based sources. The findings indicate that the inheritance system applicable to Muslims in Iran is primarily based on the Civil Code and the principles of Imami Shi'a jurisprudence, with the classes, degrees, and inheritance shares of heirs systematically codified. By contrast, with respect to Zoroastrians, Jews, and Christians, the established and commonly observed rules and customs of the deceased's religion are legally recognized within the framework of Article 13 of the Constitution and the legislation governing their personal status. Differences in the sources of governing rules, the amount of inheritance shares, the conditions and impediments to inheritance, and the manner in which applicable religious rules are ascertained constitute the principal areas of divergence identified in this study. By recognizing the religious rules of minority communities, the Iranian legal system has sought to establish a balance between the unity of the legal system and respect for their religious identity. Nevertheless, the fragmented nature of the relevant regulations and ambiguities concerning the determination and ascertainment of certain religious rules may lead to disputes and reduced predictability in judicial proceedings. Codifying and making the inheritance regulations applicable to religious minorities more readily accessible could contribute to greater legal certainty and a reduction in judicial conflicts.