The terms of "legacy" in the jurisprudence of the five religions

Abstract EN

"Legacy" is financial that is being will to, therefore, considering that one of the most important parts of the will is the "Legacy" of the will.

Therefore, the jurisprudents of Islam also for the correctness of those conditions and to make it, subjected several conditions.

Therefore, some of the conditions for the correctness of the "Legacy" are: a) be the property, because the will is vesting possessory rights and what does not exist, is not acceptable; b) it has a price and the profitability of it should be correct; c.

It should be able to possession, even it does not exist when the person is willing, therefore, the jurisprudents believe in the correctness of the will to the benefits, and also the will and the impersonal, such as the will of the corn and the fruit and etc.

D.

It should have been owned by the testator, therefore, the jurists have conditioned that if the “legacy” exists, it should be the property of the “testator” at the time of the testate, because the will of the property is non-false.

E.

It should have the legitimate rational benefit because, in their opinion, they intend to make a correction of the blessing of the testator while s/he was alive, therefore, the will not be permitted to testate to sin, as the jurists have said in the will of depriving some of the heirs that such an act is forbidden: it has the ability to transfer, because some of the rights, including the right to sue, the right to nemesis and etc.

cannot be willed.

However, the jurists have considered two conditions in order to enforce the will in "legacy": first, the debts of the testator should not include all the assets and the heritage of him/her, because in this case, the debt does not enforce the will; and secondly, most jurisprudents of the religions believe that if they have inherited heirs, they should not be "more than one third of the heritage".

However, they have controversy over the lack of inheritance.