The Substantive Provisions of the Applicability of Optional Wills in Algerian Family Law - A Legal and Sharia Approach

Abstract

The Algerian legislator opened the chapter of donations with the will, and singled it out in 18 legal articles, which indicates his interest in it, as does the Islamic Sharia, which dealt with all its parts and regulated its terms and conditions. On this basis, the Sharia and the law allowed persons to bequeath their property during their lifetime, but surrounded this will with legal and legal controls, as the voluntary will is considered one of the voluntary acts issued unilaterally as a reason to acquire property in the Civil Code. In general, this study aims to clarify the substantive provisions of the validity of the optional will by enumerating its elements, conditions of validity, and its conclusion, as required by the Sharia and the law, in order to conclude the study on the extent to which the legislative provisions comply with the Sharia objectives