The Existance of a Mandatory Will for Adopted Children in Fiqh and Islamic Compilation Law

This research was conducted to observe the Islamic scholars’ perception on last wills and die. Then for the group of Islamic scholars, who disagree giving legacy to adopted children, stated that the last will and testament in Islamic testaments for adopted children by using normative and empirical juridical methods. The results showed that the ‘ulama’ (islamic scholars) who stated the giving mandatory will to the adopted children do not contradict Islamic Law. This is justified in order to save them from unattended lives if the heir or parents jurisprudence is not solely for adopted children. In fact, wills and testament in Islamic Law distribute other than inheritance. The providing legacy to an adopted child is carried out because it relies on the principle of ‘mashlahah mursalah’ (something benefits other) which is to anticipate the ignorance to adopted child after his adoptive parent dies

On the Subject of Testamentary Burden against the Background of German Law

The making of a last will and testament by a testator is an act in law. The testator is entitled to make specific dispositions to execute their last will, such as identifying an heir, making ordinary or vindication legacies, or appointing an executor of the will. At the same time, the number of potential aims intended to be achieved by the testator corresponds to the number of possible life situations that cannot be resolved through the testator’s dispositions regarding their estate. It is therefore necessary to equip the testator with such legal means that will allow them to achieve both material and non-material objectives. This is the role of the institution of testamentary burden. It has been regulated in the Polish legal system only superficially; therefore, the author refers to the legacy of German legislation to offer a better understanding of the solution.

Nombre y renombre: el testamento de Alonso Quijano

Fame, the main purpose of don Quixote’s behaviour, is also Alonso Quijano’s principal concern in his deathbed. His last will and testament intend to ensure that his posthumous renown shall not be limited to his quixotic ill fame, rather that his present anti-chivalric stance shall make his pre-quixotic sanity memorable, as well as that of his last moments (deserving thus the honourable name of Alonso Quijano el Bueno). The analysis of the testament’s provisions (mandas) reveals the extent to which this common desire informs all of them.

Mufti Muhammad Šakir efendi Muidović’s Library

Muhammad Šakir efendi Muidović, born and bred in Sarajevo, spent almost his entire working life serving as the mufti of Sarajevo. During his lifetime, he collected a valuable library of works from different scientific disciplines, and he bequeathed it in his will to his heirs as evladiyyat waqf (family endowment), provided that his most capable and competent descendants would look after the library. Considering that the descendants did not abide by the waqif’s (endower’s) last will and testament and that they sold out of the library by the middle of the 20th century, this paper focuses on the way in which Mufti Muidović’s library was sold out. Our goal in this paper was to determine the exact number of preserved manuscripts from Mufti Muidović’s library and the place where they are stored and kept today. Moreover, this paper presents the activities that the Islamic community had undertaken in order to safeguard and protect Mufti Muidović’s library, while the appendixes to this paper contain the title and type of the works in Mufti Muidović’s library, registered on the list made by Muhammad Enveri Kadić, which is, to be sure, of major significance, since hitherto conducted research mentions only the number of the works that Mufti Muidović had left to his library.

Interpretation of Wills - Does Endumeni Case Apply?

This article argues that the general approach to documentary interpretation articulated in Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 4 SA 593 (SCA) (Endumeni) applies also to the interpretation of wills, subject to adaptation for context. It is argued that interpretation of wills and the application of an interpretation to a particular factual setting are coequal tasks. Each case must be decided on its own facts. The cardinal rule is the ascertainment of a testator's intention and giving effect thereto, provided that this will not bring about a violation of the law. It is argued that a court must put itself in the armchair of the testator and, after determining where the probabilities lie, it must infer or presume what the testator had in mind at the time that the will was created. Although intention is subjective, the interpretive process to determine a testator's intention is objective in form. It is argued that a court must, in every instance, understand the purpose for which it seeks to determine a testator's intention. This is so that it can undertake the correct enquiry. If the aim is to determine the meaning of a testamentary provision, then a testator's intention must be ascertained as memorialised in the written text of the will read as a whole, taking into account also the purpose of the text and its context. If, on the other hand, the aim is to determine whether a document is a testator's intended last will and testament, as is the case when section 2(3) of the Wills Act 7 of 1953 is invoked, then a testator's intention must be ascertained with reference to the document's purpose, taking also into account all legally relevant and admissible internal and external contextual factors. It is argued that all this is, as confirmed in Endumeni, consistent with the modern trend favouring an objective, purposive, contextual cum teleological mode of documentary interpretation.

LAST WILLS AND TESTAMENTS AS A SOCIALLY MOTIVATED SPEECH ACTION (BASED ON ENGLISH LAST WILLS AND TESTAMENTS OF THE MID XIX – EARLY XXI CENTURES)

A Last Will and Testament as a legal document of Inheritance Law is of particular importance for the life of modern societies of all developed and underdeveloped countries. However, the study of the genre of legal discourse has hardly been the object of linguistic research. The article focuses on the analysis of the study of English Last Will and Testament as a social and communicative phenomenon which reflects socially determined needs of a testator in the situation of bequest. English Last Wills and Testaments often illustrate individual experience, every day life, social relations and even power. They also touch upon the questions of moral values in the society: evaluate right versus wrong, justify decisions, intentions and actions. The article presents an attempt to cover one aspect of the genre research, namely performative speech acts which are typical for wills. Genre performative modelling is carried out and it is proposed to consider English Last Will and Testament to be a complex performative. It is revealed that three types of explicit performatives singled out by J. Austin are common for wills: 1) I verb that; 2) I verb to; 3) I verb. Performative speech acts have been singled out: exersitives show the decision of a testator about the distribution of property to a certain person and appointment of executives (bequeath, direct, give, order, direct, declare, devise, leave, further, appoint, nominate, constitute, empover, vest, entitle, assign); expositives reveal the act of revocation (revoke, (make) void, rescind, annul, disallow); commissives express inclination to a certain action (request, declare my intention). The novelty is given to the analysis of Last Will and Testament as a social and communicative phenomenon which is generated in the situation of bequest. A method of lingual and pracmatic interpretation was applied in the article. A model of analysis has the following structure: communicative intention of a testator → act of bequest → linguistic means to carry actions in performative speech acts. The corpus of the research contains 400 Last Wills and Testaments written between 1837 and 2015 in England.