A Study of the Intention Effect on Rules Governing Inheritance by Will

Type : Research Article

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Abstract

Lawyers and jurists have always studied intention as an essential element in contracts and one-sided dispositions and have investigated its relevant issues, but they have never focused on it as an effective element in inheritance, either independently or dependently, because they assume the rules governing inheritance to be peremptory norms. In this paper, we try to prove that a person can indirectly change the rules governing inheritance by will. In other words, we believe that the will is able to change these rules within its authority because there is no conflict between will and inheritance. Furthermore, some lawyers and jurists, in certain cases, have accepted the effects resulting from such wills. Thus, we investigate different forms of will (for example, deprivation from inheritance, changing the share of inheritance, etc.) which practically lead to this change. In relation to this, the viewpoints of lawmakers, lawyers, and jurists will also be mentioned and subsequently assessed.

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Journal of Islamic Law Research
Volume 16, Issue 2 - Serial Number 42
September 2016
Pages 26-46

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  • Received: 28 December 2015
  • Revise: 04 February 2016
  • Accepted: 25 February 2017

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