Keywords
Inheritance
Islamic sharia
Law of inheritance
Mandated Will
How to Cite
Abstract
The present study aims to examine the legal problems resulting from the mandated will written by a grandfather or grandmother for his/her grandsons or granddaughters after the death of their father during his lifetime. The problem of the study is that sometimes grandfather leaves behind a big inheritance and his son dies before his death; therefore, the sons and daughters of the decayed father have no legal right to share the inheritance of their grandfather under the principles of the Islamic sharia law. Therefore, the present study aims to provide an answer to the following questions: Does the grandfather have the right to write a will that grants his grandsons their father's share in inheritance as if the dead father is still alive? Can such a type of will be classified as obligatory? Or is it commendable as per the Islamic sharia? What are the conditions that make this will obligatory? To answer these questions, the present study draws on the descriptive methodology, which is the study of the cases that underwent the conditions of the father's death before the death of the grandfather, leaving behind sons who are not entitled to inherit because of the Islamic sharia law. The most important finding of this study is that will is commendable rather than obligatory and it can be obligatory if the governor gives order to make it obligatory.
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