The commandment in Sharia and the law

A comparative study between the laws of some Arab countries and Russian law

Abstract

The will is an optional, deferred succession that a person deceives with his money without compensation, as it is like gifts added to after death, but it is - upon investigation - more general than that. The will is also considered a complete legislative system that is essentially related to human life and ends with another human being. So he is dependent on the one whose life is near or his life is ruined, as God Almighty clarified in His verses through the Holy Qur’an and the honorable prophetic hadiths. God; Its effect extends beyond death in terms of goodness, righteousness and good deeds, the number of which is known only to the Lord of the heavens, and this is one of the virtues and promotion of the Sharia.
Therefore, Islamic countries worked to harmonize their laws with the provisions of Islamic Sharia, especially in the issue of inheritance or wills in terms of emphasizing and regulating them, whether in constitutions or in Arab legal legislation, such as civil laws and personal status laws in Algeria, Egypt, Libya, Syria and Jordan. As for the Yemeni legislator, he regulated the provisions of the will in Article (23) of the constitution, as it stipulated that “the right of inheritance is guaranteed according to Islamic Sharia, and a law is issued according to it” (). As for the Russian legislator, he emphasized in the Civil Code issued in 1995 AD the provisions and organization of the will ().
As for the commandment in custom, it can be said and this is customary. An example of this is that the phrases are from the person who fears for his life from sudden death without disposing of what he has and what he owes, so it is said that he recommended so-and-so from the people, meaning that he bequeathed to so-and-so from the people if I have such-and-such if I die, and it can be his sayings, provided that they are in front of wise witnesses.