نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 639
of Tasib (although the rule of Tasib is void according to Jafariah
Jurisprudence). The same orders apply to other cases of Tasib.
(xii) According to Sunni Jurisprudence a wife inherits from out of the
entire movable and immovable property left by her deceased husband.
According to Jafariah Jurisprudence,however she does not inherit from
land itself or itself price, but she gets a share out of buildings and
price of the trees. Hence, if the wife is a Shiah she can inherit from
the entire property of her Sunni husband because this is the rule
followed by the Sunnis.
GOOD WILL
Nowadays transactions on the basis of payment of good will are very
common amongst the businessmen and tradesmen. The rule about the
validity or otherwise of such transactions is that, if the owner has the
right to increase the rent of the premises and to get the same vacated
at the appointed time, and the tenant is under obligation to pay the
rent or to vacate the premises, it is not permissible to take good will,
and it is unlawful to occupy the rented premises without the permission
of the owner.However, if the owner is not entitled to increase the rent
or eject the tenant. it is lawful for the landlord to take good will.
The matter in this regard will become clear in the problems to be
explained later. 2887. If anyone has given a house on rent before
the enactment .f law by government that the owner of a house can
neither increase the rent nor get the premisesvacated and no condition
regarding the increase of rent has also been imposed, the owner of the
house can, according to religious law, increase the rent and also get
thehouse vacated. However. if the tenant does not now agree, in the
light of the present law, either to increase
نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 639