The Arithmetical Rulings for a Will of a Share Equal to an Inheritor's Share from a Known Part along with a Known Part of the Remainder after the Shares

Authors

  • Nawal Abderahman Bennoui PHD Student in Private Law Faculty of Law Algiers University 1 Benyoucef Benkhedda

Keywords:

will, inheritor, part, share

Abstract

This article deals with a type of will of a share equal to an inheritor's share combined with another will of a known part of the remainder after the shares.

The goal of this paper is to uncover the arithmetic rulings related to this type of wills، which were studied by some earlier scholars and a few contemporary scholars like Ahmed bin Dawood Al-Battah Al-Ahdal، may Allah have mercy on him، who has to be given credit for his amazing work in the field. Hence، in this paper، we propose a rule which is a completion to his work.

I based this research on three methodologies: inductive، descriptive، and analytical methods، all of which were based on a thorough search of the rulings mentioned in the main jurisprudential books dealing with this matter، and analyzing it. I also pointed out few contemporary research which dealt with the contemporary methods to solve this will.

I ended up with a set of results and recommendations، the most prominent of which is: pointing out the diversity of the methods that can be used to solve this type of wills. I also urged to pay attention to these rulings specially and to the science of wills generally، since it is a science that is as important as the science of inheritance.

Author Biography

Nawal Abderahman Bennoui, PHD Student in Private Law Faculty of Law Algiers University 1 Benyoucef Benkhedda

Doi: 10.52840/1965-010-003-017

الأحكام الحسابية للوصية بمثل نصيب وارث من جزء معلوم و بجزء معلوم مما يبقى بعد النصيب

Published

2023-09-30