An Analytical Examination of the Concept, Nature, and Legal Effects of "Fakī Will": A Comparative Inquiry within the Framework of Islamic Jurisprudence and Law
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Master's student - Family Law, Hazrat Masoumeh University - Qom, Iran
10.22091/csiw.2025.13816.2720
Abstract
Testamentary disposition, as a deeply rooted institution in legal systems and religious traditions, represents an individual's final will concerning the disposition of property and affairs after death. Under Iranian law, wills are formally recognized in two principal categories: Possessory (tamlikī) and Contractual (ʿahdī). However, certain customary and jurisprudential instances elude categorization within these two types. Among such instances is the “Fakī will”—a testamentary act aimed at extinguishing a right or relinquishing a claim without directly transferring ownership or appointing an executor.
This study adopts an analytical-critical approach to examine the legal status of the Fakī will within the Iranian legal framework. Through a comparative investigation into Islamic jurisprudence and civil law, it explores the theoretical foundations and practical challenges surrounding its recognition and implementation.
The findings indicate that, although the Fakī will is not expressly provided for in the Iranian Civil Code, it is firmly grounded in authoritative jurisprudential sources and may be validly construed as a unilateral legal act (īqāʿ) contingent upon death. By clarifying the nature of the Fakī will, analyzing its exemplary applications, and evaluating its legal consequences and obligations, the study ultimately advocates for the formal recognition of the Fakī will in the Iranian Civil Code, along with the elaboration of its specific legal parameters to enhance the clarity and functional efficacy of this legal institution.
vakili moghadam, M. H., & Amini Kouchasarai, M. (2025). An Analytical Examination of the Concept, Nature, and Legal Effects of "Fakī Will": A Comparative Inquiry within the Framework of Islamic Jurisprudence and Law. Comparative Studies on Islamic and Western Law, (), -. doi: 10.22091/csiw.2025.13816.2720
MLA
mohammad hosein vakili moghadam; Maryam Amini Kouchasarai. "An Analytical Examination of the Concept, Nature, and Legal Effects of "Fakī Will": A Comparative Inquiry within the Framework of Islamic Jurisprudence and Law". Comparative Studies on Islamic and Western Law, , , 2025, -. doi: 10.22091/csiw.2025.13816.2720
HARVARD
vakili moghadam, M. H., Amini Kouchasarai, M. (2025). 'An Analytical Examination of the Concept, Nature, and Legal Effects of "Fakī Will": A Comparative Inquiry within the Framework of Islamic Jurisprudence and Law', Comparative Studies on Islamic and Western Law, (), pp. -. doi: 10.22091/csiw.2025.13816.2720
VANCOUVER
vakili moghadam, M. H., Amini Kouchasarai, M. An Analytical Examination of the Concept, Nature, and Legal Effects of "Fakī Will": A Comparative Inquiry within the Framework of Islamic Jurisprudence and Law. Comparative Studies on Islamic and Western Law, 2025; (): -. doi: 10.22091/csiw.2025.13816.2720
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