Document Type : Original Article
Authors
1
Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, University of Tehran, Tehran, Iran.
2
Master's student in the Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, University of Tehran, Tehran, Iran.
Abstract
Confronting ambiguity in the determination of the bequeathed property (mūṣā bihi) constitutes a significant jurisprudential and legal challenge within the domain of testaments, which can lead to the infringement of rights and disputes among beneficiaries. In this context, the application of lot-casting (qurʿah) as a mechanism to resolve such ambiguities and realize justice has been a long-standing subject of debate among Imamiyyah jurists, with differing views on the ruling (ḥukm) of its application in testaments and its scope of implementation.
Employing a descriptive-analytical methodology and referencing authentic jurisprudential evidence and sources, this research elucidates the foundations, scope, and legitimacy of implementing the principle of lot-casting (qāʿidat al-qurʿah) in cases involving an ambiguous bequeathed property. Furthermore, by analyzing the underpinnings of juristic perspectives—categorized into three approaches: obligation (wujūb), recommendation (istiḥbāb), and the discretion of the heirs—it critiques and re-examines the criterion for the application of lot-casting in testaments.
The study concludes that on the presupposition of a determinate, actual intent by the testator, coupled with the emergence of an externally irresolvable ambiguity, the application of lot-casting is obligatory (wājib). Otherwise, the discretion lies with the heirs. Moreover, the article determines the ruling for disputed instances by defining and applying this general principle, thereby proposing a practical mechanism for resolving ambiguities in testaments.
Keywords: Ambiguity in Testament, Bequeathed Property (mūṣā bihi), The Principle of Lot-Casting (qurʿah), Obligation, Heirs’ Discretion, Imamiyyah Jurisprudence.
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