The practical problem in the method of extracting the obligatory will in the Iraqi Personal Status Law No. 188 of 1959 and its amendments

Abstract

The obligatory will, constituting one-third of the deceased's estate, is a legal provision ensuring inheritance to the descendants of a child who passed away either during the deceased's lifetime or simultaneously. This concept, absent in the doctrines of ancient jurists such as Abu Hanifa, Malik, Al-Shafi’I, Ahmad Ibn Hanbal, and even the Jaafari jurists, has evolved and become established in contemporary legal frameworks. Contrary to the Imami school's stance, which doesn't deem a will as obligatory, modern law has incorporated and standardized the obligatory will. However, extracting this obligatory will poses a practical challenge for judicial experts, particularly when individuals with inheritance rights are involved. The question arises: should the obligatory will be extracted from the entire estate, leaving the inheritance unchanged, or should the remaining estate be redistributed among the heirs after extracting the will? The preferred approach, as we advocate, is to extract the obligatory will first and subsequently redistribute the remaining estate among the heirs, ensuring a judicious resolution to this intricate inheritance matter.

Keywords

• extraction method,,
• ,،optional,,
• ,،obligatory,,
• ,،, jurisprudence, law