Modern Jurisprudence and Law

Modern Jurisprudence and Law

Jurisprudential study and analysis of testamentary wills

Document Type : Original Article

Authors
1 گروه معارف اسلامی، واحدقم، دانشگاه آزاد اسلامی، قم، ایران.
2 گروه معارف اسلامی، واحد قم، دانشگاه آزاد اسلامی، قم، ایران.
10.22034/jml.2025.2075875.1543
Abstract
Will or covenantal will is one of the most widely used jurisprudential and legal institutions discussed in Islamic jurisprudence. Therefore, it is necessary to examine the nature of will, its conditions, and effects in Imami jurisprudence and from the perspective of jurists in a coherent discussion.In the definition of will, based on the jurisprudential background, it can be stated that will is the granting of guardianship to the executor to perform the rights that are the responsibility of the testator, or the exercise of the rights of the testator, or the granting of guardianship of an insane or minor to the executor on behalf of the testator to manage their affairs.Regarding the nature of a covenantal will, despite the disagreement about whether this nature is a contract or an iqaa, following the famous Imamiyya jurists, it can be said that considering that the acceptance of the will is not a condition for the fulfillment of the will and that a will creates an obligation for the testator without her will or even despite her ignorance of the will, the will is an iqaa.However, ignoring the provisions of the testator's will, since the will will remain without obligation, has led proponents of the will's enactment to believe that a will is not a legal obligation, but rather a religious duty that the testator is required to fulfill, and the foundations of the testator's obligation to fulfill the will are religious duties and obligations.In addition, regarding executor, justice in the executor is not a condition, and as long as the executor has not betrayed, he will remain in the position of executor, even if he is not fair. The research method is descriptive-analytic.
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