The status of a mandatory will in shariah inheritance law

Abstract

Even though there is a widespread opinion that all the regulations of Shariah inheritance law are present in the Qur’an, in this paper we show that one part of these regulations is based on the Sunnah, and in some cases on the ijtihad solutions. One of the issues considered by contemporary Islamic jurists is the issue of the right of a child whose parent died to inherit the property of his parent’s parents; i.e., the right of that child to the grandmother’s or grandfather’s property. In some Muslim countries this issue is legally resolved through a mandatory will. In our context the regulations of the Shariah inheritance law might be imposed exactly through the legal institute of a will, so this ijtihad solution can be adopted in a will, in case there is a need for it. Keywords: will, Shariah, inheritance law, inheritance, grandson/ granddaughter, grandfather/grandmother.

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