أثر اختلاف الدين في الوصية و الوصاية

Abstract EN

Having noted that the provisions of transactions arising from the difference in religion [between the two parties of a transaction] are among the topics that have not received a specialized study to combine their particulars scattered in several different chapters of jurisprudence, I reconsidered this issue and decided to collect and examine one of the significant issues desperately needed for knowing their legal rulings.

The convergence of geographical distances and the mixing of people within urban societies that bring together different spectra and multiple religions have resulted in the emergence of new forms of rights and provisions.

In this research paper, I have chosen to dwell on two types of transactions that are related to serious financial rights and grave educational provisions, namely the will and guardianship.

The topic of this research is entitled "The effect of difference in religion on will and guardianship".

This study consists of an introduction, six sections, and a conclusion.

It answers research questions concerning the original rationale of will, the legal ruling of making will for non-Muslims and whether will varies according to their conditions.

The methodology of this study is based on comparison and analysis.

The study concludes that making will for a disbeliever is permissible in general, but it is not permissible at all to give a disbeliever the right of guardianship, since it involves a kind of mandate with a far-reaching effect.