Chapter

Testamentary Formalities in Islamic Law and their Reception in the Modern Laws of Islamic Countries

Nadjma Yassari

in Comparative Succession Law

Published in print October 2011 | ISBN: 9780199696802
Published online January 2012 | e-ISBN: 9780191732065 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199696802.003.0012
Testamentary Formalities in Islamic Law and their Reception in the Modern Laws of Islamic Countries

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This chapter discusses the rules concerning the form of testamentary dispositions in accordance with the five schools of Islamic law, and connects these to the respective rules in selected Islamic countries today. It covers the freedom of testation under Islamic law, the forms of wills, attestation of the will, and modern law. The law on the form of testamentary dispositions is not uniformly regulated in the modern Islamic states. The reasons are probably threefold. First, the underlying Islamic regulations are inconsistent. Second, the extent of codification and of the reception of European law in that field varies from country to country. Third, some countries have felt the need to deny judicial relief in cases ‘in which experience has shown that perjury and falsehood abound’.

Keywords: Islamic law; modern laws; testation; testamentary forms; testamentary dispositions

Chapter.  12982 words. 

Subjects: Company and Commercial Law

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