Modern Jurisprudence and Law

Modern Jurisprudence and Law

Study and analysis of the conditions for accepting the will in a testamentary will

Document Type : Original Article

Authors
گروه معارف اسلامی، واحدقم، دانشگاه آزاد اسلامی، قم، ایران.
10.22034/jml.2025.2075882.1544
Abstract
The purpose of this research is to examine and analyze the conditions for the acceptance of the executor in a testamentary will from the perspective of Imami jurisprudence. This research was conducted using the method of library studies and a descriptive-analytical approach, in which the necessary information was obtained and analyzed by referring to evidence and jurisprudential texts.The main question of the present study is "Is the acceptance of the executor a condition for concluding a covenant will?" According to the famous opinion of the Imamiyyah jurists, a covenant will is a type of iqā' pending upon the death of the testator and is realized without the will of the testator and creates a commitment for him even if he is ignorant of the will. Only if the testator becomes aware of the will before his death, can he declare his refusal in case of inability or unwillingness.Of course, this irregular ruling, i.e. creating an obligation and commitment for the executor without her acceptance and even with her ignorance of the will, is one of the rare cases that has been determined, because this ruling is contrary to the principle of the sovereignty of the will and the principle of freedom of contracts and agreements.
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