Volume 15 - Legal Innovation
MLJ 2021, 15 - Legal Innovation: 273-287 |
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Fathi S H, Barati F, Hosseini S H. Giving Credence to a Testamentary Disposition by Heirs and Heiresses. MLJ 2021; 15 :273-287
URL: http://ijmedicallaw.ir/article-1-1401-en.html
URL: http://ijmedicallaw.ir/article-1-1401-en.html
1- Department of Jurisprudence and Foundations of Islamic Law, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran
2- Department of Jurisprudence and Islamic Law’s Basics, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran
3- Department of Jurisprudence and Fundamentals of Islamic Law, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran
2- Department of Jurisprudence and Islamic Law’s Basics, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran
3- Department of Jurisprudence and Fundamentals of Islamic Law, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran
Abstract:
Background and Aim: One of the most challenging and controversial issues in relating to the will is the difficulty with recognizing the factors imposing suspension on the will. The present paper deals with giving credence to a testamentary disposition by heirs and heiresses.
Materials and Methods: This descriptive-analytical research was done using documentary and library studies.
Results: A will is a type of possession that a person leaves before their death. When it comes to a testamentary disposition, after affirmation of the testator, the exact recognition of the nature of the pre-deceased beneficiaries' acceptance will have many effects. If acceptance of succession is considered as a part or fundamental of a will to the extent that the will is invalid without it, then the testamentary disposition is thought of as a contract that the Islamic jurists largely concur with it. Nevertheless, when acceptance of succession is invalid or the will is regarded as one of the irresistible factors of the transfer, the will is possessory. In such cases, having good morals relating to giving credence to such a will is of importance.
Ethical considerations: Confidentiality and trustworthiness have been carefully observed throughout this paper.
Conclusion: Islamic jurists suggest that a will shall not be valid for a heir except when it is approved by other heirs. When it comes to the nature of the testamentary disposition more than one third of the estate, most jurists have regarded it as a will bequeathed by the testator which its acceptance needs the consent of other heirs. With regard to the time of ratification, most jurists believe that admitting or denying a will is only possible after the death of the testator, and so the rejection or acceptance of the will by the heirs during the testator's life has no jurisprudential or legal value. Therefore, morality requires that the heirs give credence to a will after the testator's death by approving of what the deceased has bequeathed.
Cite this article as: Fathi Sh, Barati F, Hosseini Sh. Giving Credence to a Testamentary Disposition by Heirs and Heiresses. Medical Law Journal 2021; Legal Innovation.
Materials and Methods: This descriptive-analytical research was done using documentary and library studies.
Results: A will is a type of possession that a person leaves before their death. When it comes to a testamentary disposition, after affirmation of the testator, the exact recognition of the nature of the pre-deceased beneficiaries' acceptance will have many effects. If acceptance of succession is considered as a part or fundamental of a will to the extent that the will is invalid without it, then the testamentary disposition is thought of as a contract that the Islamic jurists largely concur with it. Nevertheless, when acceptance of succession is invalid or the will is regarded as one of the irresistible factors of the transfer, the will is possessory. In such cases, having good morals relating to giving credence to such a will is of importance.
Ethical considerations: Confidentiality and trustworthiness have been carefully observed throughout this paper.
Conclusion: Islamic jurists suggest that a will shall not be valid for a heir except when it is approved by other heirs. When it comes to the nature of the testamentary disposition more than one third of the estate, most jurists have regarded it as a will bequeathed by the testator which its acceptance needs the consent of other heirs. With regard to the time of ratification, most jurists believe that admitting or denying a will is only possible after the death of the testator, and so the rejection or acceptance of the will by the heirs during the testator's life has no jurisprudential or legal value. Therefore, morality requires that the heirs give credence to a will after the testator's death by approving of what the deceased has bequeathed.
Cite this article as: Fathi Sh, Barati F, Hosseini Sh. Giving Credence to a Testamentary Disposition by Heirs and Heiresses. Medical Law Journal 2021; Legal Innovation.
Type of Study: Original Article |
Received: 2021/05/17 | Accepted: 2021/08/30
Received: 2021/05/17 | Accepted: 2021/08/30
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