الايصاء بالحقوق المعنوية من وجهة نظر الفقه الإسلامي : دراسة فقهية

الملخص EN

The will plays an important role in the transfer of ownership, as it is one of the causes of ownership after death, especially in the context of physical ownership with its various elements and foundations, but the matter may seem unusual when the bequest goes beyond the framework of moral ownership on its various branches and ramifications, which is a recent matter.

It will appear if we deal with the issue in the context of developments in the transfer of added property after death, and it may seem at first glance that the bequest is spent according to the customary form of funds, especially material or tangible ones, But the question that comes to mind is whether it also refers to nonmaterial aspects or what is known as moral rights? Therefore, it is necessary to clarify the extent of the legitimacy of enjoining moral rights in Islamic jurisprudence, regardless of its doctrines, so are all the forms and scope of moral rights that we will refer to in this study Is it permissible and possible for all Muslim jurists or some of them? Is it a commandment Balaan or benefits? Does the measurement of what the Muslim jurists referred to regarding the provisions of the bequest with benefits apply in whole or in part to the bequest of moral rights or not? Are the developments of the digital legacy and information technology transferable through bequest? This is what we will try to answer in the framework of this study.