Investigating Islam and Iran’s Legal System Regarding Testation With Reliance on Jurisprudence and Civil Law

Islam’s Legal System is a Strong Backup for Iran’s Legal System Because the Iranian Legislator Has made References in Various Cases to Islam and Cannon and all the Country’s Legislative and Judicial Decisions Must be Based on the Cannon. In Islam’s Rulings, Testation has Been Recounted as a Permitted Thing and it has Been Greatly Underlined Considering the Human and Social Aspects Thereof. The Importance of Testation in Islam is to the Extent That the Great Prophet (May Allah Bestow Him and his Sacred Progeny the Best of His Regards) has Ordered in This Regard That “the Person Who Falls Short of Making a Will Before Death is Flawed in Iintellect and Manliness”. The Present Study Aims at Extracting the Silent and Brief Cases of Iran’s Statutory Provisions Concerning Testation and Offering Documented Responses Through the Use of the Credible Jurisprudential Methods For Overcoming the Problems Existent Regarding Testation Via Matching Iran’s Laws and Islam’s Laws.

The Findings Indicated That the Laws of Iran and Islam Have Been More Interacting With One Another and That Iran’s Laws Have Been Drawn on Islam’s Laws in Regard of Testation. Thus, in Many of the Cases That the Civil Laws Have Been Silent or Ambiguous Regarding Testation, the Islamic Jurisprudence has Responded to the Extant Ambiguities.

The Present Documentary Research Has Been Conducted Through Taking Notes From Library Resources. Ethical Considerations: The Present Article Has Been Codified Relying on the Ethical Principles and in Adherence to Honesty and Trustworthiness.

Using Scrutiny in the Civil law, it is Observed That There Are Very Important Legal Issues About Testation and They May Cause Ambiguity and Confusion as Well as Quarrel Between the Inheritors and the Interested Parties in Many of the Similar Cases so it is Necessary to Clarify the Civil Law’s Silent and Brief Cases About Testation and Resort to the Islamic Jurisprudence for Finding Solutions to Such Cases as the Discrepancies Between the Testators, Testation by the Individuals With no Inheritors, Testation For the Inheritance of one Third or a Surplus Amount of the Left Properties and Some Other Cases That the Legislator Has Preferred to Keep Silent in Determining Their Statuses and no Response is Found in the Statutory Provisions.