بررسي شرايط وحي از ديدگاه هفت مذهب اسلامي (اماميه - حنفي - مالكي - حنبلي - شافعي - زيدي - ظاهريه )

THE QUALIFICATIONS OF THE EXECUTOR

In this study, It must be said that the qualifications in question, in order of importance and preference, are as follows: pubery, reason, mohammedanism, justice, capability, freedom, Clear - sightedness, and masculinity. But not all Islamic sects, nor even the jurists of each one of these sects, are in full agreement in connection with the aforesaid qualifications. Indeed, only the first three qualifications are unanimously agreed upon by all Islamic schools of jurisprudence, so that the existence of consensus of opinions can be claimed regarding them. All Islamic sects deem necessary the condition of puberty in the executor. However, some of them believe that the appointment of an immature person to carry out the terms of a will will be valid if a mature person is attached to him. All Islamic jurists are in full agreement in connection with the qualification of reason except for the question of periodical insanity which is controversial. Most Islamic Jurists believe that it will be invalid if an insane person (whether periodical or permanent) becomes the executor. Regarding the qualification of justice, it can be said that although there is a difference of opinion about its definition between the Islamic Jurists, there is no doubt about its necessity. There are profound divergence of opinions among the Islamic jurists regarding the other above - mentioned qualifications , so that some jurists deem necessary the qualification of . capability, freedom, clear - sightedness and masculinity, but some others oppose this view. Meanwhile, the third group believes that only some of these qualifications, e.g., freedom and capability, are necessary. There are three main views regarding the time when the qualifications in question must be existent in the executor: 1. According to one view, the existence of these qualifications is necessary in the time when the testator I testatrix is dying. 2. According to the other view, the existence of these qualifications are necessary both in the time when the testator I testatrix is making his will and in the time when he is dying. 3. According to the third view, the existence of these qualifications are necessary from the moment when the will is created until the moment when the testator / testatrix is dying. By and large, taking into account the questions discussed in the study and in its conclusion, the brilliant and firm position of the Shiite jurisprudence and its superiority to and dominance over the other Islamic schools of jurisprudence becomes evident. The Shiite jurists, having access to a great deal of traditions handed down to them from Masoumin [The Fourteen Innocent Ones] and on the basis of the conclusive legal principles have formed the most extensive and comprehensive points of view in any field.