Jurisprudential and Legal Examination of the Obligatory Testament Law from the Viewpoint of Fazel Moqadd and Abu Bakr Jassas
Subject Areas : فقه و مبانی حقوق
Said taha Hassan najid
1
,
Ahmad Reza Rafiee
2
,
Javad Paw Pour
3
1 - PhD student, Islamic Jurisprudence and Islamic Law, Islamic Azad University, Khorasgan Branch, Isfahan, Iran .
2 - Assistant Professor, Jurisprudence and Principles of Islamic Law, Islamic Azad University, Khorasgan Branch, Isfahan, Iran.
3 - Assistant Professor, Jurisprudence and Principles of Islamic Law, Islamic Azad University, Khorasgan Branch, Isfahan, Iran.
Keywords: Faizal Muqaddas, Inheritance Share, Abu Bakr Jassas, inheritance, Obligatory Will,
Abstract :
In this research, by using a library method for interpretive and jurisprudential examination of verse 180 of Surat al-Baqarah, according to the verses of inheritance and traditions, first the concept of will is literal and idiomatic and then according to the viewpoints of Imamiyyah jurisprudents including Fazel Muqdad and Sunni jurisprudents including Abu Bakr. The following questions have been addressed: The legitimacy of a will for heirs and non-heirs? Survey of Ibn Hazm Ijtihad and Some of the Predecessors of Verse 180 Baqarah? In the next step, the reasons of those who support and oppose the obligatory will of the law with regard to the opinions of earlier jurists and later jurists and finally conclude the issue as to the necessity of this law in Iranian personal laws.
قرآن کریم.
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