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    75 views51 pages

    SHARIAH III - Ronsing

    Uploaded by

    Bang Bang Wes

    Copyright:

    © All Rights Reserved
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    of 51
    Chapter | GENERAL CONCEPTS IN SUCCESSION es CHAPTER IV. Nescelancous Prousions ‘Succession by ilegtimate Chis ‘Succession Gotwoen Derced Person ‘Succession by Concewed Chad Cone A concptot Succession Se ee contre iy The le fe Hn Paral Lav fh pen Seceann een Pore Dro os wa asd ttn tee cea Sores ae Stony etna sie Seauecaiauaymeiecncsanac one eeeen Teodrmestohamis eaaerceeres ansuceae ‘etion Coeleaeaes see tciarel tasers Dy esha 6) O) nen ot ote og eens aes acne Samana hein ent ts reser ay lotsa oe. aeboienpeeess _ ce Moon atte ce bere cy. ela ere Scooters clo tealgses* Tc wisest Serie ooo tacrtoastatice Sectset ne cael is Peston uate Tram tera mace pera ae aes be eg Salam Sat Vn eee ns pa peas ata oy pte se | ay cy Sac cee vince ony gm ibaa aes emt cmlas mutaerton ate Tete S TS tncd tele g he Hn Peover vo moun be Ee ir aM reams motes See SSedlay slats? Tes ecu boid bang (a sareiey Sold Siteone nabooaary ease reacted geress ‘Surviving Together Succession tthe Vested Inheritance Succession by 2 Prisoner Succession by an Apostate gees ‘Seftement and Parton of Estate ‘Vesting ofthe Estate fone Hors Principle Settement of the Estate Prion othe Estate Bae Seen entam te naa, ‘ste ecru sm oe ‘sma Acre hl Sele ng iter Maloy tf na easearect dea aia, ten ka rly a her el sai ta cms os Fights ofthe legal hers inte nnertance. However, shoud there Dene hay, er stan knated oF aeknowedge Kinsman, the testator ‘may, in accordance wih the views of te Hana semo0, dispose {he woe of ie ostte by wi” * ‘Succession by operation ofthe Cade (The Musi Code) ‘wit take pace when the decedent has not made any wl of even, Winoro ho has made ono, st has not been made in accordance, ‘nth the formalities presotbed by the Code. His hereGtary estate wil then be tansmited te hi heirs in accordance wth the Brovsions of he Musim Code as provided in Tie of Bok thereot The substance of he provisions ofthe Codes based on the Quran, Hadith ana the weilsetles principles of Islamic Jurisprasence. ‘Succession by combination of bath by wi and by operation ‘tthe code (mixed) happens when there are ais and the testator spose net mote than one-fwaof i estat by wil” Succession ‘by wil takes place wi regard fo one-tidofthe ered estate, whle succession by operation of the Code takes place to the ‘emaiingtwo-trds portion of the esate fo be dstbuted to the ‘econo pare sabe fac ‘sh subjective Elmont o Suenaton The ebjectveelomena succession cori of te ecco ten. The dean Geeta am the Porson wnore por araned Brough acres, wether Srroxnetosichail trehosbetawh te ested nolesaot? Stayt n he ober han, ae pros clad to sccason er by be proven oa wil by operon ofl” thy Se cat ascemsen by be oval wi ey ar ead tGstamesan ners Why are ale siccesson by eperoton of law, they ave called legal heirs. /. Testamentary hors const of gates and vwera! legates ngmee sa hon to whom fe aponabie ones terion ote xse of elena ry be on by whe of 8 wil" Whie, universal legates, onthe other hand are those a ‘ose favor the testator has bequeathed through his wlth whole {this esate. Ths lake place wh there eno suring sharer, ‘esiduary, distant kindred, or acknowedga kinsman Legal heirs consist of the sharers (ashab al-frue), Fesicusries (ashab almiath). stant Kindred (ahaw at-Arha), acknowledged kinsman, and the pubtc weasury (D0 ama" © Sharer (ashab aura) are eis who ace ented tothe fied shares sot forth in the Musi Cade whch are based and in accordance wih the feed shares proved inte Holy Quran, They {te also caled Quan hats" They ave the folowing tre htand s 12. the wite fabochee be (3, the daughter: Sher, A oneein cna the olivontioeh 2 tetaber © tema Le i 2. th tun grader vas, @ temegrranomer fanny 8 the germane or ud) sister, 4) aul 10. the consanguine sister 1D Moe even: 11. the uterine sister SDT 12 the utarine brother rT 1 Residuaties(ashob abmath are heirs who are ented to any residue let afer the disiouen of the shares of the snaers in accorcance win te provisions ofthe Muslim Code." They may be cassied into the folowng” (a) Resduaries in thi Onn Might (satan Br-natsin),() Resisvaris in anothers nh (asabah Be yh) and () Residuares together wth anther (asabah maa Residuaresn hei san ight are the folowing persons. 11 Male descendants ofthe decedent in the direct ne, owover sistant in dagroe: 2 Male ascondants of the decedent in the direct tin, however itantin degrees 13 Ful-blced and consanguine brothers ofthe decedent ‘and ner male descendants, however distant in degree, ane ae 4. Fultblood and consanguine paternal unces of the decedent and their male descendants, onever distant in orree Residuates in anaes ight ae the fllowng persons 1. Daughtors surviving wth the Eon ofthe decedent, Son's daughters surviving with their own brothers; 83. Full-bood sisters surviving wih thei ful-lood toe: one 4 Consangune sisters suring wih ner consanguine brothers Residuals together wih anothers ight are the followng persons, Fullblood andlor consanguine sisters survving with ‘Saughters ofthe decedent or wih the son's daughters, however ‘etant in cearoe ® Distant kinted (dhaw abarham) are hers who are blood teatives but ner sharers nor return" They ae the {allowing persons Yet ie 1 the daughter's chidrn and the children ofthe son's ‘daughter and their descendants, 2. the alse grandfather and he false grandmother; 23. the sister's chien, the brothers daughters the sons cf the uorine brother, and thee descendants, and 4 the paternal aunts, the uterine uncles and the maternal ‘aunts and uncles : ‘Anacknovledged kinsman i person of unknown descent ln whose favor the decadent has mace an acknowedgement of ‘enstip, through famsef but through anathe:® ence, «perso ‘may acknowledge another person of unknown descent a6 Ns brother, the gon of his father. or an uncle, the son of Mis ranatther ¥ (oa. alma) refers to publle weasury which Is oanized and aomiitered im accordance with te Islam aw Shariah. itis the fra and ulimate he ofthe herless Musi ‘secodent. ©. Objective Element of Succession The objecive element of succession is known a5 the “nhettanee. tinct: : Al properties of any kind, movable of immovable wet ancestal or aojued ether by herous oF ratte ite, as Wt 2 a bansmiseie | gh nd ebigatons a he tine of his death and those hat acon hereto bear psten Altnough the above provision of the Musin Code ie & paraphrase of Ailes 778 and 781 of the Chil Code of the PPhilppnes, yo, tis in accordance vith the Musi Law Under the Musi lav, ihettance reters tothe propery or wea or the estate ofthe decevent o bedded among hie hee algo Includes real rights or rights connected with the property However, personal rights donot farm pat of the nhentanee, fr instance, the donor's right of ravoking 2 gift made by him. ‘Obigations tke debis wil not go form pat of the nhertance. It ‘nile charged upon the estate and not ot has. Ay form of cblgalon ke he une expenses, deta wt wl rt om Fare theineranc Tos Hoy Goren expt powies te ‘cr Sunn career he aye cigs Seu Too pal charger havea be taco meee Sle dace ee open ci caotan ttesate {Slogans Tay ees iat Gh permet orocente ‘funeral expenses: (2) payment of debts; and (3) the payment of Isgaes tthe xe one tr fs propa emaring or {Repent te neal eperses and ete CG omemrrery ss St nn a Th ‘tom.be moment ofthe death of he “decedent” This provision ofthe lw i subject tothe ayah of te Holy Quran and the wel-seted princes of Musi law. The Holy ‘Quan expcily provides tothe effet "the isruton In al cases Isalter the payment of tgacies and debts» In adton itis a wel sted pipe under the Hana ans the Shafi schools of law that there are four obligations to be ‘charged upon the estate ofthe decedent. They wil be performed Inthe order as fotows AY The payment of the reasonable funeral and burial expenses © To payment ois debt S. The payment of legacies out of one-third portion of the estate: and A! The dsivouton ofthe two-thieds portion of the estate tothe hers {In cher words, although, the rights to succession aro transmit fom the moment ofthe death ofthe decedent. yet, the hele are obiged to observe the proper order inthe dspostion of Taare ete 2 Stina hana Samed ih Thee Le ‘che pant oi oS ee ‘tection niece apm OFA hae ‘eds cn em on tan “Stony 1 Ma Se a ‘te tour obigatons to be charged upen the estate ofthe decedent ‘exingushed under the presumption of aw. Presumed seat may ‘ther be ordinary of extaocanaryerdinary presumgtion takes lace wien the crcumstances surrounding the cisappearance of ‘missing persons ordinary while extraordinary presumion takes lace when the ctcumstances surrounding the csappearance of 8 mising person is dangerous ‘The Muslim Code provides ony one presumption of death, ‘hat ian ordinary presumption. It provides to the effet that for purposes of succession, an absentee wil be presumed dead by se often years” The len years Petod begins from was last known, the absentee is sil presumed alve. Aer te lapse often years the hes oF any interested person forthe opening of succoeson may Ie a petit betore the proper court fo decree a presumption af ‘death of te absanise. When to cou i saisieg tat the petton 'ssretoous, wil give @ decree pronouncing thatthe absentee 's presumed dead. The presumption of death takes eflect not rom the moment ofthe issuance ofthe decree ofthe court bt rom ‘he moment of he lapse ofthe ten yeas peced. From that moment the succession takes effect [Although the Muslim Code does not provide for the ‘extraordinary presumption of death. neverheles, by vite of ts ‘Appleabilty Clause, At. 187, the Hanbal lw may be applied in suppletory manner The Haral law thi matter according £2 Coulson Hanball_ aw gles an example of ‘creamsances which rae presimpon of ea \Scoppearance sung abate eraome euch clay be ee i ‘mare a distin tom, sy flue f tum om = ‘nerchanie o prelesuona! vente abfoed In ot Mage eases, abe seteh may and mqures naving been mode. judeal dacree of eth may be ane when le years Rae lapedsince he te ‘tsappearance” r Inte: ‘an absentee may exraorinay presumption of deat be presumed dead by the decree of he court afte the lapse of four years rom the dae the absentee waslast known, In adation, Upon the euarce ofthe decree ofthe cout pronouncing that the ‘beentee presumed dea, the abeentoe i presumed to have ied atthe time of the isappeacanco, era the lie the calm tok © place and nat a te end of four yea. In other worss, succession Takes place atthe moment of the dsappearance but the actual ‘vision of inhertance wil only be effected atthe end of four years E. Capacity to Succeed ‘Gapacy to succes is dafined abo abity toner and “retain property obtained mots causa™ The successor has the capac to inher provided that the following requistes are comped wth 1. Tho oath ofthe decadent s ascertained 2. The successor Is ave at the time of the death ofthe decedent, and 3. The successors not squalid nhert Regarcing the fist requis, death may ether be actus or presumed. RRogarcing the second requisite, although bth determines ‘personaly, but @ conceived cid wil be considered born fora | Puposes that are favorable o 8, povided it be bor ave, however, brefy, at the time is completly delivered from the mother's ‘wom Regng teh oto, Arle 89 he Nein Code rovides forthe heirs who are squalid to succted, as flows (@) Tee wo hve iatonay enue dest one the ah ole decors (0) Twn wo have connie ay ler ac hich cna 9 round or oquneten et arn and (9 Tew eae shea yon ac “The fist provision refers to “intentional homicide (gat umd,” under Islamic law. By an intentional hemicide s meant a homicide commited wth the intention of kilng a person. For ‘example, a person allcks another person with a weapon hav ‘the intention of killing and actualy Kil him. In adiion, te ‘commassion of an offense must be a wrengfl act and te offence ‘must be cuninaly labo. In ahr words, te offender hae no Iss |ustfeation to commit the homicide ike defense of ie or defense ‘of an honor a the husband surprising his wife and fer lover in the act of adutery, and he snot sane nor minor “The second provision refers to apostasy and simtancous ath of wo or more persons who are calle to succeed each thar By apostasy is meant the renunciation of stam and tuning towards another faith or to no faith at al". The person who ‘enounces Islam and tums towards another faith orto no fash at fis called apostate. Under Musim la, an apostate is depeves ‘ofthe innertance from his or her Musi ancestor ® ‘Simutaneous death of two or more persons who are eas to succeed eachother: is also a bar to mutual succession In ether ‘words, they cannot succeed eachother, however, he successional Fights of ho egpectve hairs wl not be asfeted “The third provision refers to he dference of religion. The dflerence of region between the heir and tho docodent isa br {olegal succession but roto testamentary succession. According a ec 524 a6 cade of st Pron Law by Tas Fata “hte ova ana ite ‘kim tothe ho oe non une” aed on ‘gohan oe ea Zap at ne aspen tnpestoag Nica nn See Sema Salon a “The above prohibition of Musim Law refers only to egal Chapter I TESTAMENTARY SUCCESSION A Nature of wits Under the Muslim Code,» iH (wasiyah) is defined as “Adelson weccby 9 prsn i paris, wi the formats precrisd by lm, onal he ‘poston ata it Gea of not more then ones is ett, tere are ha, or he whole oft ‘ete oe hes Star’ kre The above defintion mentions the general rule regarding the quantum ofthe portion ofthe estate that the testator may be lowed to dspose by wil. The testator cannot dispose mate than ‘nestird of his estate I there are hos, however, thee sre No hls or distant kindred, the testator may dispose more than ono. thd orthe whole of his estate, “The above provision ofthe law fos ts support frm the view ofthe Hanafi school of aw, whichis ofthe op that the leslamentar alspostion may not exceed one-ird of the estate there are hers, However, there arene heirs, and a3 against the Might ofthe pubic treasury (ba stl), the testator may eispose is whele estate by wil? However, the Mall, Shafi ana Hanbal schools of law are ‘ofthe opinion that regardass of the presence or absence of an hel, the testamentary disposition may not exceed the one-tws ton ofthe estate. Any dsposion made in corraversion ofthis precept of law may be reduced to the portion which may be {sposed of upon the appscaton ofthe legtimate heirs When {there sa surviving her or heirs, except, however, the husband oF "oe wife, the two-thirds portion ofthe estat is aways reserved by el ol 32 oe nT Mi Law ea (rhs laPa p e the lw to such an he or hel. For example ithe ony surviving her a daughter, she wil ier the one-half ofthe estat a6 2 shares of the inhertanca an the ese wil be reverted to het being the only heir by te principle of reversion ofthe reskue. In the absence ofan her ores, the twos orton ofthe estate should goto the publ treasury (bat aka) “The above majoty vow i based on the folowing hadith: “Amir Sad rpores on Be autor fis tater (Sx. Al Wee) Al Messager (ay praca be upon tin iso te my ness whch Erught me nes dea ne yor f Mat Was (Farowol Pergo). Vals Messen, you {an wel sea the pan wah wich am fice an peopl: at you would never Incr an expense eoaig tere be pleasure Ala, bt You wou Berewardd hero, even & moro fod that you in tw mou our wi. * “The Muslin Code futher provides that: (1) The making ofa wills sects a personal at cant be let le oF Fat {he aserton fa hed person or accomplished ‘tough te nsrunentaiy oan age (2) Ait may be decared ray of 0 ‘wing na maine hat sow cer re enon ‘Ofte enna eee the presence ofa east Two competent credble ag deri wensses! ce ape oes tt soaeasioricas fare 2 From he foregsing provisions of thea. maybe dediced that te wis the falowng characte, 4. Wis an.extmris. causa, X produces eects nly ater the death of he testator 2 iis tity he personal act of he ett, 3, Ita dposion of the testator’ eta n aecodance {ons wehes ba fo a cara degre, that. not more than onosthia of the esite Whore are heir. of the hoe of tif thee are no hes, ne stant ined and ro aexnowedges knsan® 4. Ris afomal and solemn at execuied in accordance wih he formals prescribe by ow. 5, {sa unlateral act that no acceptance bythe antes |sneedod whe he testator lave; 6 Kis. avountary act otherwise Mil be csalowed for baba, and 7. (Rizambstony revocable rng ne testator Mate 5. Gonetruction of wit “To ensure te crtaty ofthe intention ofthe testator when he executed a wil ether orally o in wring, the Muslim Code Tequres the serves of a least two-comosiont credible and Asinterested witnesses fo atest its declaration.” The said ‘winesoeswiletty te wil under solemn oath before the probate ‘Court fort tobe proved and alowes, otherwise not ‘The above requirement of the law is based and in cordance wih be ayah ofthe Holy Quran tothe efect ‘© yeu wha belove! When death approsches ary you tata) tresses among yursebes wen king bequests ~ two just men of your own (Grotnetood) or others from outide you are Joureying trough he eth. Beant “heidi Sr An 08 In viow of the above requirement ofthe law, t may be ‘presumed that when the wil is executed in accordance with the ‘Sid requirement ofthe law, the intention ofthe testator is ‘ascertained, Neverhwess, the Muslim Code provides futher “Tha nay of ona of sovral provisions of ‘witcha not esa te ety of te ener lies tobe pesured that teen woul ah have mage aueh shar pons he et valid provcon No not toon mada” (G. Who May Make Wis ‘Any person of sound and dispesing mind may make a wi ‘xcept the folowing: (1) those under te age of puberty, and (2) those expresly probed by Islamic lan "A person of sound and posing mind does not necessary moan that he isin ful ‘ossession of al his reasoning faces, of his mind be wholly “unbroken, unimpaired or unshalteed By diseases, inj or eher Cause. Tt wll bo suficint that he was able at the time of making ‘he wilt know the nature ofthe estate tobe disposed of, the ‘roper object of his bounty, and the character ofthe testamentary aa Under the Musim Code, the age of puberty i presumed ‘upon reaching the age offen. In view threo, persons who ‘ate proited o make a wil by reason of minonty ae those below fneen years ol. Thus, awl made by a freeman, fiftoon years ‘id oF above with sound mind wil be vai. Under the Mosim Code, the persons who are expressly prohibited to make a uil are as follows: (3) insane person, (2) minor, and (3) save * . Restrictions on the Freedom of Testator 41, Reasonable funeral expenses “The fst claim to be charged upon the estate of 2 decadent ie the reasonable funeral expenses.” This is ‘bated on the Shafi schoo of law doctne 2. The debs of the decadent ‘The second claim to be charged upon the esate of 8 decedent i his debls. These include: unpad tates the ‘expenses for probate, administration and other Judicis! ‘expenses; and unpaid dower” 3. The one-third rte ‘Article 108 (1) ofthe Musim Code provides that: Under the above provision ofthe lw the hers have the {ul reedom ether to ratty or eect the Bequest which sn excess ofthe one-third of the estate (or inoficious bequest). In other words, some of the hes may ralify andthe ahers may eject. The hal (or has) who ges his consent tothe inofcous bequest wil tina his proportionate share ont end wil nt affect he shares of ‘the others." If ome ofthe heirs give thelr consent and the others ‘eect the inoficious bequest, the ropestonate shares of those who ‘ie their consent are ratfed and wil be given effect, while the Proporionte shares of thse who eject he noticous bequest wi ‘ot be given effect and wil be retuned tothe Ihertance. The ‘eduction ofthe inoficous bequest to one-third of the estate or to the portion where there isan eis! consent after the death of the testaoriscaled the prrciple of abatement of legacies Faas 6 For example: The testator proves in i wilthat “one halt fis estate wal be gen Io Mr. Kafer his doth” Tne eta a Survived bya son, Aan wo daughters, 8 and; ater the death Of the testator te eon, A gave const othe wl of i aor wile the two daughters, Band rejected the bequest of thet father ins ar asthe noficiols bequest. Disko te estat? is the boqueatned potion {8 alowed or ofcioue Hor) “orld and the two daughters, 8 and C so thatthe share ofthe son. A ‘willbe given to MX as part of te boqust and to shares ofthe ‘daugers,B and C, wil bo rtured othe Iherance and wil be ‘added tothe respecive shares ofthe two daughters, Wx ‘haste share of, ‘has the enare of, Chas esha of, appa eit the ee srt rte 0 Distbut the residue which is of the estate to he son, ‘Nand the daughters, 8 and C. Yxtah Aas, 004% Bhat "0%, * %, Chas % 00 f+ ‘To check whether the computation i ight or wor: hae, Anas Bhas Chas, Sumnup be above hrs, be anes hee, he 4. Nowillto an her re “The Musim Code provides that. ’A bequest fo any ‘sharer or resiuary shall not be vad unis rated by the testator’ her existing atthe time of his death Is basis ‘om hark Is the reported saying of the Holy Prophet (SAW) to the effect “Alah has appointed for everyone no has a right what is due to him, and ne bequest sould bbe made to an hes” This had indicates thet bequost shoud not be made to an hele who receives a share from the inpertance. However, as an exception 1 ths rue, 8 legacy In favor of an heir is vali provided that IC is succession Nas been opened. The rule regarding the heirs’ consent and the principle of abatement of legacies 26 already explained under the one-third rule are also ‘Spplicabe in sre €. Fomatites Inthe Exeuton ot wi Under the Mine Coe, thea to is of wo it andthe ngs teats ae he tog (1) There must be an intention of the testator to execute or deciare ti To wl ut be emeaed or ocd he presen ‘ities to conpetn cece and terested winston ™ ‘The smn ee eurenant te seria the wo wines even at pe wit sti foe ‘opt curt The mtn Cade powes at No runcuraive wil hal pss ny popeny ofthe decedent unless ie proved and stowed ‘Serordace win 2 solemn oath or afmaton of a ‘rewinereet who steed tote Soclaton” mg cies 7 In addition, isa futher soteguard againt the possibity of rau, forgery or unde iuence. The base ofthe above legal requirements tho ayan ofthe Holy Quant the effec © yeutoeteve! Whan cath approaches any of yous (ae) nesses aren yursoNes whan making bequests ~ two just mon of your own (bratherneos) or others fom cusde you are Jean toca te ea. However, the above legal requement is a modification of the Mushm classical aw of Bequest Inthe Musi classical aw of Bequest, no formality was preserved in making bequest. A bequest may eter be eal orn writg. fin wring, knee not be signed, If signed, it need nat be attested by'« witness or witnesses ® A mere expression, ether orally orn wring ke the Talioning words wi conttute a testamentary disposition, leave him sucha ting’, “give tie, "give tim after my death, | make Ith, ort shal bei alr my ath" F. Qualiieation of Winwsses toate Une the Mush tw, the qualifications of a competent vines areas lows (ho riuit bea feeman, (he must be sour rin he mtb of mar ge (0) he usb 3st {@)omust ot be bina and Remust be a Musi {In aetion, athe winess i eqated fo testy before the trobate cout forthe probate ef ws then e's nocahsry a 8 ‘reness oan raw must not be ea cum, anda wines 2 2 ten wit must be abl tread and wa” “Awines ssa to wine ei just and has not bean coed ote ce of fae cansion a Sue ‘oman forthe cime of adutry, and a wines sai 1 be anterested when Ne wi a el any bene ote object othe [Bequest The soni nt alowed fo teety in favor of te father de vice-vera; nor he husband forthe vl and vn eran. ©, Revocation of wits General, tho making of a wil under the Musi Code i fan optional ac. The only exception is the "bequest by operation ‘Faw The wil wil ony take effect ater the coath ofthe tector ‘Accordingly, the wil may be modifed,atored or ven. rovoked the testator during’ his etme. Thus, Arle 108 of the Code proves: “The wil may be expressly cr mosey voked bythe testator at any me bore his death. Any wawver ‘or restntion ofthis ight shall be void" From the above stad provisions of awit appears that wo ‘modes of revocation of wil are provided under the Muskm Code, ‘Thay are express revocation. and imped evocation, revocation may be efected ether by ra, wren, pression of either orally oF witten may revoke wl, Example: “cancel the wil “lan” "revoke I" o¢ "The thing | have bequeathed wil be none the less my hoi. ifthe wl ‘wilen the testator may revoke iby personal acton tke buring, ‘eanng, canceling or obiterating ® The testator may also request “anther person fo bur, ter, cancel or cbterte his wren wn tis presence and by his express direction ™ pled revocation may be efecto bythe ac ofthe testator ln sucha manner tat revokes fis il ™ “D tt.the testator tconsfarms or allenates the thing ‘eequeathod in sucha manne: hatte bosie quay has ‘hanged or becomes nlite or instance, the testator 30 th (& tine testator mina the thing bequeathed with anather thing hat makes ia diferect thing, For instance. the testator bequeathed “100 bags of cement ‘subsequently, he mixed them wih the gravel in Na Scan» ints MeO ‘i Tela se so baling consrucon_ In sucha case, the bequest has been impel revoked” 4% Wi tsar sal, domain of dipowee the tg Dequeathed In auch a manner fat becomes Dropety of thd person. For instance, the testator Gevaed a “pce ot land Subsequerty he sold to fmater person. in such 9 case, the devise hasbeen impel evoked 4. te thing becueathed i stor ing the lifetime ofthe testator. the wil is slso impliedly revoked ™ 5. fhe testator executed a subsequent wil questing {hare to another person to objet of is forme wal im such a case, mpsey revokes the former wil {6 The last example, in the testator’ wil there is “iegacy of erect” of lease of debs” of the legate, but subeoquant tothe execution of the wi the estar brings an action again! the dior forthe payment of his debt, such legacy of credit will be impliedly revoked * 1H, Bequest by Operation of Law [Bequest by operation of aw means a mandatory or cigatory wi tis awl that takes elect by operation of aw when the testator does not make a wil in favor of his parent or spouse ‘who i squalid to invert in view of Artic 83) ofthe Musi Code At el he sn Cade prs ht ‘That ha sce. stated that they canng nhert under Islamic aw” (eles oa non-Muslim parent ora non

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