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
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- EP ID EP92
- DOI 10.14196/sjr.v3i3.1271
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