The Effect of Ikhtilaf Al-Darayn (Territoriality) on Wills of Testament and Wills of Possession in Islamic jurisprudence

The central issue of the research is the study of the effect of Ikhtilaf Al-Darayn (Territoriality) on Wills of Testament and Wills of Possession in Islamic jurisprudence. One of the factors affecting the will is Ikhtilaf Al-Darayn in the parties of a will. Ikhtilaf Al-Darayn refers to the difference of religion and nationality of the parties of a will. Findings with descriptive-analytical process are as follows; Islamic jurists in the popular opinion, according to the narrations, have considered permitted the will of people who do not differ in religion and nationality for each other as well as the will of a military infidel for Muslims, but they disagree in the will of Muslims for infidels. According to the verse of testament and other evidences, a will can be made for any person from any religion and land. In wills of Testament, difference in religion, based on narrative evidence, is not permitted. However, an important factor and a prominent feature in wills of testament is behavioral justice and trustworthiness of the testator. According to the verse of will and some opinions of some jurists and disputes over the reasons for impermissibility, it is claimed that in case of justice of an infidel, a testament can be made at least for a Tributary (Dhimmi) infidel with the trust of a Muslim.