چکیده:
In this research, by using a library method for interpretive and jurisprudential examination of verse 180 of Surat al-Baqarah, according to the verses of inheritance and traditions, first the concept of will is literal and idiomatic and then according to the viewpoints of Imamiyyah jurisprudents including Fazel Muqdad and Sunni jurisprudents including Abu Bakr. The following questions have been addressed: The legitimacy of a will for heirs and non-heirs? Survey of Ibn Hazm Ijtihad and Some of the Predecessors of Verse 180 Baqarah? In the next step, the reasons of those who support and oppose the obligatory will of the law with regard to the opinions of earlier jurists and later jurists and finally conclude the issue as to the necessity of this law in Iranian personal laws.
خلاصه ماشینی:
Keywords: Mandatory will, Fadel Miqdad, Abu Bakr al-Jassas, inheritance, heirs, share of inheritance Introduction Since the Quran is the primary source for deriving Sharia rulings and differences in the interpretation of verses have a significant impact on the ruling and its outcome, this research aims to present the jurisprudential differences and commonalities among jurists regarding the verse of the will and the mandatory will law side by side and in a coherent manner, so that conclusion and judgment are easier for the reader.
Therefore, given the importance Islam places on establishing justice in society and observing equity and fairness among family relatives, a group of Egyptian legal scholars, based on referring to the different deductions and opinions of jurists from all Islamic schools, sought to resolve the existing problems and constraints in their country's personal status law.
In this research, using a library-based method to examine the interpretive and jurisprudential ruling of verse 180 of Surah Al-Baqarah in light of the verses of inheritance and narrations, the concept of will (wasiyyah) is first examined from linguistic and technical perspectives, and then, according to the views of Imami jurists including Fadil Miqdad and Sunni jurists including Abu Bakr al-Jassas, the following questions are investigated: 1- The legitimacy of the will for heirs and non-heirs?
From all these definitions, it can be inferred that a mandatory will is a portion or share of the estate that the descendants of a deceased person who died before their father are entitled to; although they are not heirs, it is given to them by law according to specific regulations.
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