الوصية الواجبة : بين الفقه و القانون : دراسة نقدية مقارنة

الملخص EN

This research examines the issue of mandated will, as concept and the consequent discussions and disagreement in between ancient and modern scholars with regard to the evidence and clues upon which its supporters have relied.

The research has also specified the relationship between the mandated will, the optional will, inheritance and the variuos jurisprudential questions related to the rules of inheritance in case of applying them to various schools of jurisprudence with regard to the concept, origination and revelation.

The researcher has applied amalgam of approaches; the most important of them is the descriptive approach which is utilized through the determining phases and referencing the written forms of judgments.

Next, the researcher follows the inductive approach to collect all the various material related to the topic regarding the jurisprudential clues and rules as well as the inherited statements of the jurists.

Finally, the research applies the comparative approach which is utilized when highlighting the disagreement between the ancient jurists considering the mandated will, and the modern jurists with reference to the legitimacy of the specific kind of the mandated will which is well- known for its obligation.