چکیده:
One of the most important legal topics that has been heavily emphasized in Islam is the act of making a will. In a common definition, making a will means that an individual specifies their financial and non-financial affairs for after their death so that their survivors do not face problems in this regard, and at the same time, the deceased's affairs are organized and even the order of paying their debts is arranged. A will is a legal document by which a testator makes an individual or individuals responsible for their property or assets after death. 'Wasiyat' (will) is derived from the root 'Wasi', and 'Ardh Wasiyah' means land that is completely covered with interconnected plants. Given that today a large portion of disputes in courts relate to matters concerning the validity of the will, wills exceeding the amount prescribed by law, and the inheritance of the deceased, familiarity with this act and its related legal regulations is important. In this article, we intend to meticulously examine and cite laws to research all dimensions and legal pillars of the will, and then research and cite the status of the will in Quranic verses, which are one of the important proofs of the legitimacy of the will.
خلاصه ماشینی:
In a common definition, making a will means that an individual determines the obligations of their financial and non-financial affairs for after their death so that their survivors do not encounter problems in this regard, and at the same time, the deceased's affairs are organized and even the order of paying their debts is established.
Keywords: Will and inheritance, testator, legatee, will (testament), beneficiary, possessory will Part One: Generalities Wasiyyah (will) is derived from the root "wasi" and in linguistics means a covenant, commanding, and recommending, and attending to the affairs of a person in their absence.
" And in Article 7 of the aforementioned law, it is stated that: "Foreign nationals residing on Iranian soil shall, in matters relating to their personal status and legal capacity, as well as in terms of inheritance rights, be subject to the laws and regulations of their respective countries within the limits of treaties.
As stated therein: "Single Article – Regarding the personal status, inheritance rights, and wills of non-Shiite Iranians whose religion is officially recognized, courts must observe the following established customs and rules prevalent in their religion, except in cases where regulations relate to public order: In matters relating to marriage and divorce, the established customs and rules prevalent in the religion followed by the husband.
(Civil Code) Section Seven: The legal status of depriving heirs of inheritance by the testator As stated in the previous sections, inheritance and wills in Iranian law are based on Islamic jurisprudence, and according to Article 861 of the Civil Code, the grounds for inheritance are through the following two ways: A) Consanguinity (Nasab): meaning having a blood relationship with the deceased, which consists of three classes.
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