Abstract

The Muslim scholars have differed on the issue of the bequest to an heir. Some regarded it as permissible like Tawwoos, Dahhak, Masrook, Al- Shu’bi. Abu Mujlez, Al- Hassan Al- Basri, Abed Al- Malik Ibn Ya’li, Jaber Ibn Zaid, Isaaq Ibn Rahwiya and Al- Tabari, others firmly prohibited it like Hanafis, Malikis, Shafi’is, Hanbalis, Ibn Umar, Ibn Al- Mundhir and others. Consequently, the pertinent and accredited Sharia laws have become a controversial issue too, especially in the Arab countries. Specifically, both the Egyptian Law and the Iraqi Law considered the issue as permissible, whereas the laws in Jordan, Palestine, Yemen, Algeria, Tunisia, Morocco and Somalia prohibited it, although they all agreed that this bequest shouldn’t exceed 1/3 of the testator’s estate.

In this study, the researcher provides a plethora of evidence, which aligns with the Sharia’ intentions, and comes up with the decisive judgement, which is the bequest to an heir is permissible, and that it must not be confined to the 1/3 of the bequest. More clearly, the testators are fully authorized to bequest whatever they own to whoever they wish, provided that they fulfil the interests of the needy heirs and the others of their concern cycle like the minor children, who need to cover their expenses of education, marriage and others, and the elder sick brother who needs to cover the expenses of his subsistence and medication. The testators are also advised to have noble endeavors and work for their hereafter and they must not bequest to what might be sinful.

Key words: Bequest, heir, inheritance, testator’s estate

Title

المجلة العربية للنشر العلمي

Publisher

مركز البحث وتطوير الموارد البشرية رماح

Publisher Country

Jordan

Publication Type

Online only

Volume

27

Year

2021

Pages

362-340