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الوصية للوارث: دراسة فقهية تحليلية = The will for heirs: a juristic analytical study

Karim, Fatimah and Awang, Abdul Bari and Zakaria, Mohamad Sabri (2018) الوصية للوارث: دراسة فقهية تحليلية = The will for heirs: a juristic analytical study. International Journal of Fiqh and Usul Al-Fiqh Studies (IJFUS), 2 (2). pp. 89-102.

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Abstract

This research aims to study the topic of “The Will for Heirs: A Juristic Analytical Study.” It deals with the definitions of will or testament and heirs from the perspective of Islamic jurisprudence. It discusses the views of jurists regarding the ruling of will for heirs by discussing proofs of jurists on this issue in the light of Islamic law of inheritance. This research discovers that the Muslim jurists differed on the law of will for heirs according to three schools of thought: according to Shī’ah Imāmiyyah and some supporters of Zaydiyyah, the will for heirs is permissible in one-third whether approved by the other heirs or not. This view differs from the majority of jurists who invalidate the will for heirs except by the permission of the other heirs because their permission is like a forfeiture of their right. Others, such as Ẓāhiriyyah, opposed the implementation of will for heirs. They argued that the will, will cause dissatisfaction in other heirs or inheritors. On the other hand, the will for heirs is useful and beneficial for some of the needy heirs. The researchers rely on the inductive and analytical methods. One of the important findings of this research is that, relying on the majority opinion of jurists, the law of will for heirs is valid only with the permission of the rest of the heirs after the death of the testator; this is the best opinion based on the strength of the evidence and their keenness on the unity of the heirs of the deceased.

Item Type: Article (Journal)
Additional Information: 2040/28422
Uncontrolled Keywords: الوصية, الوارث, الدراسة الفقهية, الإجارة, Will, Heir, Juristic Study, Permission
Subjects: H Social Sciences > HQ The family. Marriage. Woman
K Law > KBP Islamic Law
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. > KBP524 Aḥwāl shakhṣīyah
Kulliyyahs/Centres/Divisions/Institutes: Kulliyyah of Islamic Revealed Knowledge and Human Sciences
Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User: Dr Abdul Bari Awang
Date Deposited: 14 Jan 2019 17:13
Last Modified: 14 Jan 2019 17:13
URI: http://irep.iium.edu.my/id/eprint/28422

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