منهج مقترح في تدريس علم الفرائض : دراسة وصفية تطبيقية

Abstract EN

This article aims to examine the meaning of the authority of contractual will and its provisions in the Islamic sharia and the Yemeni law.

it also aims to clarify the impact of the contractual will on contracts and dealings, and how the Yemeni law tackles these aspects.

the researcher employs the inductive approach in collecting the data, the descriptive approach in explaining the components of the research and introducing the terms, and the analytic approach in discussing the evidence and analyzing the content of sharia and legal texts.

the research concludes with a number of findings, the most important of which are : the authority of contractual will is the freedom of the contractor in the origin of the contract and its results.

there are freedoms related to establishing the contracts and obligations, freedom of determining the effects of the contract.

the authority of contractual will in the Islamic sharia and the Yemeni law agree in taking the provision of the sharia in this aspect, and in the freedom of establishing the contracts, and its conditions provided that the contract does not violate the sharia provisions.