A Comparative Study of Specific Features of Testimony in the Will under Islamic Jurisprudence and Iran's and the U.S. Law

The proof of will as the last volition of the testator that determines the status of some certain properties is of a great significance. One of the main elements of proof of will is the testimony of witnesses. Witnesses must have certain qualifications including maturity, belief, justice and sound mind. Regarding financial claims, in addition to oath of the claimant, there must be at least one male or two female witnesses and nothing would be proved through any number below this. Due to the nature of the will, these qualifications have some exceptions in Islamic Jurisprudence (Fiqh). In this regard, it is possible to derogate from two qualifications namely belief and number of witnesses in Islamic jurisprudence in certain circumstances. There is no similar consideration as to individuals' rights in laws of Iran and the US. Investigation of jurisprudential texts demonstrates that, in the absence of Muslim witnesses, the testimony of non-Muslims is acceptable. Furthermore, the testimony could be discriminative in terms of the existing witnesses' attestation and it is possible to prove one fourth of the will through one single witness. In US law, in some exceptional instances, it is possible to accept two witnesses in unwritten wills under certain circumstances.