مسائل الوصية الواجبة المغيبة قانونا وفقا لاجتهاد ابن حزم

Abstract EN

Despite the modern legislation of obligated testament in Arab and Islamic laws, an observation emerged from the controversy of its obligation.

A nuber of jurists – by the Qur'an and Sunnah- see that it is not obligatory, while other confirm the opposite also by the Qur'an and sunnah as Ibn Hazm al-dahiri and Al-tabari.

Obligation has been adopted by latest modrn laws' and after being legislated, a disagreement on how to extract the shart portion as a will.

This is due tothe old disagreement in estimating some tipes of testaments.

Remarkably, the Algerian legislation does not mention how to distribute, thas, the research aims at studying the testament in legislation resource and clarifying its types in Fiqh that is compatible withe the obligated testament.

Therefore, we conclude that the mathematical dispute in the obligatory will between the malikis and commons differs in the shares distributed to the two parties in case we use the testament in the same way as a share and will even if it was one heir in the obligatory will.

Thus, a statistical difference that the Arab laws has not issued would appear.