“ A Comparative Study of the Inheritance of Acceptance in the Possessory Will in Islam Jurisprudence, Iranian and Egyptian Law”

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Azizollahi MohamadMahdi; EBADZADEH HOJJAT; Sadeghian Nodoshan Mehrdad

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Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW Year:2021 | Volume:13 | Issue:26 Page(s): 59-83

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Information Journal Paper

Title

“ A Comparative Study of the Inheritance of Acceptance in the Possessory Will in Islam Jurisprudence, Iranian and Egyptian Law”

Author(s)

Azizollahi MohamadMahdi | EBADZADEH HOJJAT | Sadeghian Nodoshan Mehrdad | Issue Writer Certificate

Keywords

InheritanceQ2

willQ1

AcceptanceQ1

LegateeQ1

TestatorQ2

Abstract

According to the viewpoint of the majority of “ Imamieh Jurists” , in the presumption of death of Legatee before the rejection or Acceptance of the will, the right to reject or accept a will is inherited to the Legatee’ s heirs. Against, the other viewpoint distinguished between the death of Legatee after and before the death of Testator and they are believed that in the first case, the will is void and in the latter, the right to accept or reject is inherited. Most Sunni jurists have accepted this view. Some jurists say if Testator intend the will for only Legatee, right of Acceptance or rejection of this will don't transfer to his heirs unless the Testator intention is to transfer the right of Acceptance or rejection. Article 21 of the Egyptian Code of will accepted the transfer of the right of Acceptance or rejection the Legatee heirs absolutely, but Iranian law does not have a clear statement in this regard. In this research, after studying the points of view about Inheritance of the right of Acceptance or rejection of the will and the reasons of proponents and opponents of each views in Islam Jurisprudence, Egypt Law and Iranian Law, The result is that in Iranian Law, the Inheritance of the right of Acceptance or rejection of the will can be accepted absolutely; unless, the Testator intend to will just for Legatee, so that, the will is dissolved as a result of Legatee’ s death.

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APA: Copy

Azizollahi, MohamadMahdi, EBADZADEH, HOJJAT, & Sadeghian Nodoshan, Mehrdad. (2021). “ A Comparative Study of the Inheritance of Acceptance in the Possessory Will in Islam Jurisprudence, Iranian and Egyptian Law”. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, 13(26 ), 59-83. SID. https://sid.ir/paper/410532/en

Vancouver: Copy

Azizollahi MohamadMahdi, EBADZADEH HOJJAT, Sadeghian Nodoshan Mehrdad. “ A Comparative Study of the Inheritance of Acceptance in the Possessory Will in Islam Jurisprudence, Iranian and Egyptian Law”. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW[Internet]. 2021;13(26 ):59-83. Available from: https://sid.ir/paper/410532/en

IEEE: Copy

MohamadMahdi Azizollahi, HOJJAT EBADZADEH, and Mehrdad Sadeghian Nodoshan, ““ A Comparative Study of the Inheritance of Acceptance in the Possessory Will in Islam Jurisprudence, Iranian and Egyptian Law”,” JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, vol. 13, no. 26 , pp. 59–83, 2021, [Online]. Available: https://sid.ir/paper/410532/en

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