حكم الوصية في الفقه الإسلامي

Abstract

This research contains an important Islamic Law case, it is the rule of the Will in the Islamic Law, the research started by showing the Will's form as it was shown by the Islamic Judges. Then, defining the subject of the research by showing the meaning of the judgement which is the words of God by the action of the responsible even by judgement or voluntrarily. Then, defining the Will, that is an additional ownership after death. The research highlights the different Doctrines, of the Islamic Judges concerning the judge of the indispensable of the Will, the group is of three doctrines, the first doctrine beliefs: that the Will is to be likely, but those are into two parts, the first part: beliefs that the Will is indispensable in the primary Law, the second part beliefs: that the Will is originally indispensable then it was nullified to be likely, the second doctrine beliefs: that the Will is likely regligiously indispensable, and also they are two parts, the firest part: beliefs that it is religiously indispensable on all the responsible and give it to whom he likes except the inheritors, the second: beliefs that it is indispensable to the parents and to the close relatives but not to the none-inheritors, the third doctrine is like the second doctrine: beliefs that it isindispensable, but besides it is religiously indispensable it is also jurisprudence indispensable. After that the research shows the execution rule of the Will before the death of the devised, and the execution judgement after the death of the devised, and that is for the completion of understanding the research. The research comes to several results, the most important: that the Will was indispensable, then it was nullified into likely.