حكم الوصية، و الوصية للأقارب : دراسة فقهية مقارنة بين الشافعية و الظاهرية من خلال كتابي (الأم)‎ للشافعي و (المحلى)‎ لابن حزم

Abstract EN

The purpose of the research is to declare the concept of Will, its ruling and the study of the Shafi'i and Dhaheri Madhhab on Will's ruling for relatives considering the likeliness between the two Madhhabs and stating the relatives mentioned in the holley verse of the will.

and utilized in this research a variety of approaches including : the inductive approach which documents the matters and supplies them from fundamental sources of madhhabs' books.

-the descriptive analytical approach which conveys the opinions of scholars from their books, analyses them and mentions their proofs.

-the critical approach which mentions the proofs of each Madhhabs in reasoning the matters and inferring points from the proofs if vague including responses.

-the comparative approach which compares between scholars' says and the two Madhhabs' opinions, clarifying the differences between them, and suggests the opinion that supported by evidence without any fanaticism to any of each Madhhabs.

-the historical approach which origins the matters and refers them to the time when those matters emerged, commencing with Shafi'i's Madhhab as long as it emerged before Dhaheri's Madhhab.

the study also contained an introduction, a preface, two researches, and a conclusion.

the preface toughed upon the definition of the concept of the will and the ruling of it.

the first research included : the ruling of the will, stating the proofs, and discussing them in Shafi'i's Madhhab.

the second research included : the ruling of the Will, stating the proofs, and discussing them in Dhaheri's Madhhab.

The study concluded the most important results.