The Obligatory Will in Personal Status in Islamic Countries

Considering the individual and social aspects of man’s life, Islam sees acquisition of a deceased’s property not only permitted but also recommended and has legalized it through enacting the laws of “inheritance” and “testament”. According to the viewpoints of most Muslim jurists from different schools of thought, making a will is not obligatory though it is highly recommended. Today, in the laws of a number of Islamic countries making a will is considered obligatory in certain cases. In this study, through analyzing Qur’anic and traditional propositions related to the concept of obligatory will, the views of Muslim scholars will be examined. It seems that “obligatory will” is sometimes proper and according to justice. In the laws of the Islamic Republic of Iran the institution of “will” still needs to be more thoroughly discussed. This work concludes that there is adequate religious evidence proving the existence of grounds for legalizing this institution and including it among other rules of the Islamic countries.