حق الحفيد اليتيم المحجوب عن إرث جده بوصيته أو ما تسمى (( بالوصية الواجبة )) دراسة فقهية قانونية مقارنة

Abstract

One of the important legal and jurisprudent problems which has attracted very long debate within the presonal status, is that of the distrained grandson from his grandfather's inheritance as a result of his father's death. This orphan has suffered two things; losing his father and his deprivation from his grandfather's inheritance, particularly if the fortune and his deceased father is still being mixed with that of his late father. If the grandfather's did not grant his grandson a share of his fortune in his will, if any, the grandson might suffer from poverty. Thereforem,some jurisprudents's fortune. Many legislatives in the Arab States have supported this poin of view. Yet, some other jurisprudents consider this will illegal basing basing their judgment on the belife that the will is optional not obligatory and anyone beliving it is obligatory, has gone astray from the Code of Gad. One this basis, the present study has presented all acknowledged opinions, discussed them and looked into their evidences, methods of justification and weighed them within the Islamic school in a scintific manner.Also, it has tried to identify most of the Arab States. Faults of these who deserve it comparing this with codes of the will's judgmen; its amount and those codes who deserve it comparing this with codes of most of the Arab States. Faults of these codes have also been indentified this with codes of to change the name of this right has been proposed to suit its legal modification in an attempt to put forth its regulation in such a way that maintains the right of the grandson, dose not harm to other inheritors e Islamic legislations.

Keywords

Right, grandson, orphan