انتقال الوصية بالمنفعة بالإرث في الفقه والقانون: دراسة مقارنة

Abstract EN

This study aims to demonstrate the difference of scholars in the transfer of the will for the benefit of the recommended heirs, and the position of the law.

I followed the inductive approach in tracking the opinions and evidence of scholars, the comparative approach in the comparison of doctrines first, and then comparison with the law.

the study concluded that the Hanafis believe that benefits end with the death of the legatee because they are not monetary and are perishable attributes.

on the contrary, most jurists agree that the bequest passes as a whole to the legatee's heirs because benefits are considered property with legal rulings, although they differ in some of their types.

the law permits the bequest of benefits but aligns with the Hanafi view that they expire upon the legatee's death.

because the legatee only has the right to use them and does not own them.