الوصية للوارث بين الحظر والإباحة

Abstract

"This research discuss very important issue: the bequest for an heir, and its legitimate in Islamic Law, the Jurists differ in opinion in this issue, the majority said the bequest is not permitted for the heir unless the rest of the inheritors agree, some Jurists said it is absolute forbidden even if the heirs permitted as Ibn Hazem, and some Jurists said it is permissible without the consent of the heirs, and that is what the Egyptian Law adopt and some contemporary scholars. The researcher reached to the conclusion that the bequest for an heir is permissible in general whether the rest of the heirs agree or not, and there is no convincing daleel (proof) that the Ayat of Will bas been abrogated, so be advise the Islamic states to adopt this opinion and change its law concerning the Heir Will as the Egyptian Law did.