THE WILL OF TESTATOR WITHOUT HEIR IN EXCESS OF ONE-THIRD

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DADMARZI SEYYED MAHDI; AMININASAB HAMZEH

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Journal: Islamic jurisprudence Resaerch Year:2017 | Volume:13 | Issue:3 Page(s): 633-653

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Title

THE WILL OF TESTATOR WITHOUT HEIR IN EXCESS OF ONE-THIRD

Author(s)

DADMARZI SEYYED MAHDI | AMININASAB HAMZEH | Issue Writer Certificate

Keywords

WILLQ1

TESTATORQ1

WITHOUT HEIRQ1

EXCESS OF ONE-THIRDQ2

ONE THIRD OF PROPERTYQ1

Abstract

One of the unanimous issues in jurisprudence and Islamic law is that the WILL is limited to one-third of the heritage and its surplus is subject to permission from the heirs. But if there is no heir, there is disagreement about whether the limitation of third still remains or the TESTATOR has complete freedom. Given that, a group of experts believes that the WILL is limited to the third and the surplus belongs to Imam (Governor). Another group believes in the absolute freedom of TESTATOR and validity of such testament. Others go into details and separate between WILLs to charity and other WILLs and maintain that only charitable testament is valid and other WILLs are limited to the third. This study examines the arguments presented for different ideas and considers the theory of limitation of the TESTATOR WITHOUT HEIR to one-third of the property as a stronger theory. From the legal point of view it is also more compatible with the provisions of the Civil Code.

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APA: Copy

DADMARZI, SEYYED MAHDI, & AMININASAB, HAMZEH. (2017). THE WILL OF TESTATOR WITHOUT HEIR IN EXCESS OF ONE-THIRD. ISLAMIC JURISPRUDENCE RESEARCH, 13(3 ), 633-653. SID. https://sid.ir/paper/220882/en

Vancouver: Copy

DADMARZI SEYYED MAHDI, AMININASAB HAMZEH. THE WILL OF TESTATOR WITHOUT HEIR IN EXCESS OF ONE-THIRD. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2017;13(3 ):633-653. Available from: https://sid.ir/paper/220882/en

IEEE: Copy

SEYYED MAHDI DADMARZI, and HAMZEH AMININASAB, “THE WILL OF TESTATOR WITHOUT HEIR IN EXCESS OF ONE-THIRD,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 13, no. 3 , pp. 633–653, 2017, [Online]. Available: https://sid.ir/paper/220882/en

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