The Obligatory Will in Implementation: A Jurisprudential and Maqasidic Study

Abstract

The linguistic meaning of the will revolves around imposition, covenant,command and connection. It has a meaning that together generates its conventional
meaning: proving the right of inheritance to the children of the individual who diedbefore the inheriting father, after which their share in the estate is transferred totheir children after them. From this, the research begins to present the evidence ofthose who say it and Evidence of those who prohibit it, then an explanation of thereason for legislating the obligatory will, and the provisions related to it, in theform of a comparison between Islamic jurisprudence and Algerian family law,especially the issue of obliging the judge to follow up on its implementation.