The will to inherit the inheritance in Islamic jurisprudence and Yemeni law "a comparative jurisprudential study".

Abstract

This research aims to explain the ruling of the will for the heir of the heir in the life of his heir, in Islamic jurisprudence and Yemeni law.

In it, I collected the sayings of the Islamic schools and legal evidence, analyzed and discussed them, and reached the following:

1- Scholars agree that a will for needy non-inherited relatives is better than a will for others.

2- The consensus of scholars on the validity and influence of the will for the heir of the heir in the event of the death of his deceased, such as if the grandfather recommends to the children of his deceased son when they are not heirs.

3- Agreement of Islamic schools of thought on the validity of the will of the heir of the heir in the life of his heir in terms of the sentence.

4- What is mentioned in the Yemeni law regarding the invalidity of the will for the heir of the heir at all, and that it is not valid except for a justification that prevents him from earning a living.

What is found on the authority of some of the predecessors and some imams is to say that it is not correct when there is a deception from the testator and that he wanted the benefit of the inheritor, not to say its nullity at all.

5 - Article No. (235) of the Yemeni Personal Status Law should be amended to include the validity of the will for the heir of the heir, but it is not implemented when the deception appears, such as saying: “The will for the heir of the heir in the life of his successor is not implemented when the assignment appears and the testator wanted to prefer some of the heirs. on each other".