THE POVERTY CONDITION IN THE OBLIGATORY WILL A COMPARATIVE STUDY A COMPARATIVE STUDY
مجلة جامعة الأنبار للعلوم الإسلامیة,
2021, السنة 12, العدد 48, الصفحة 361-416
الملخصThis modest research includes a jurisprudential and legal study of the terms and provisions of the will in Sharia and law، with a focus on the condition of poverty in the obligatory will and clearing whether this condition is necessary in this will or not? The study consisted of an introduction، and two studies، a conclusion، findings، and recommendations. we came to the conclusion that the condition of poverty in the obligatory will is unnecessary condition legally. For that it is correct for the legatee to be rich، average or poor. No one said a condition of poverty except the Yemeni law، therefore we have recommended to revoke it، and to amend the text of Article (257) of the personal statuses in accordance with the provisions of Islamic jurisprudence and comparative Arab legislation. This is because stipulating such a condition in the case of the sons of the deceased son whose fathers are die in the life of their inheritors (grandfather or grandmother) leads to tampering by giving some of those entitled to the obligatory will without others .This is what the Sharia and the will also refuse it.
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