Ineffective and invalid wills from the holy quran perspective with a curdory look at its relevant law and regulations
Journal Title: Scientific Journal of Review - Year 2014, Vol 3, Issue 3
Abstract
Will means that a person recommends that after his death such and such things should be done, or such and such thing out of his property will be the property of such and such person, or will be spent for charitable purposes, or he appoints someone as guardian of his children, or of those who are under his guardianship. The person to whom a Will is made is called executor (Wasi). If a person, who cannot speak, makes himself understood by means of signs, he can make a Will for anything he likes and his Will is in order. Although in some verses of the revealed priscripts (Aiat al-Ahkam) on Will, God expressly permits it, some of them (such as verses 181 and 182 of Al-Baqara Chapter), and also different ideas in agreement and disagreement with them and other views which confirm and complement the mentioned verses, the Will is divided into two categories: 1) Wills; 2) void and invalid Wills. These two must be sepearted from each other and the first category should be only taken into account. Islamic Jurists and legal scholars disagree on some of the issues and lwas regarding Will. The differences lie in derivatives rather than generalities of Muslim law. Iranian lawmaker, in accordance with his mission, has enacted relevant legislations based on Islamic laws and famous scholars' opinions on this particular issue. According to the above, much importance is on recognizing the laws requiring religious commandments, understanding relevant regulations and taking a correct action.
Authors and Affiliations
M. Mohebi*| Department of Law, Kermanshah Science and Research Branch, Islamic Azad University, Kermanshah, IRAN., M. Hariri| Department of Law, Kermanshah Science and Research Branch, Islamic Azad University, Kermanshah, IRAN, S. M. Mousavi| Department of Law, Kermanshah Science and Research Branch, Islamic Azad University, Kermanshah, IRAN., F. Hashemi| Department of Law, Kermanshah Science and Research Branch, Islamic Azad University, Kermanshah, IRAN.
Keywords
Related Articles
- EP ID EP92
- DOI 10.14196/sjr.v3i3.1271
- Views 597
- Downloads 50
The Nigerian judiciary and the travails of rule of law
Nigerians are increasingly losing hope and confidence in the nation’s judicial system because of the unethical conduct of some judicial rascals. Some judgements have brought embarrassment to the nation. Verdicts are no...
Review of religious and moral commitment in the poems of abdulmanam fertusi
Abdulmanam Fertusi Shiite contemporary poet was born in the village of “raghaseh” in southern Iraq , he grew up in Shiite family endowed with grace, science and literature and learned the basics of Islamic sciences with...
Psychonarratology: from cognitive processes to readers’ narrative comprehension
Psychonarratology studies the cognitive processes of narrative comprehension in readers’ minds. There are thus close ties between psychonarratology and cognitive processes of mind while reading a narrative. This study...
Correlation between serum levels of hepcidin and ferritin in patients with metabolic syndrome in R. Macedonia
The metabolic syndrome (MS) is a complex of interrelated risk factors for cardiovascular disease and diabetes. These factors include hyperglycemia, hypertension, high triacylglycerol levels, low HDL-cholesterol (HDL-c)...
Research review on Irrigation scheduling and water requirement in citrus
Citrus is the main fruit group grown in tropical as well as sub-tropical climate of more than 150 countries in the world. Irrigation scheduling and water requirement of the citrus crops are one of the main concerns of th...