The Nature Of The One- Third Condition In The Transactions Restricted By It

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Hussein Najaf Bakhor ,Husam AbdulWahid Kadim

Abstract

This study aims to examine the nature of the one-third condition in actions restricted by it, which is perceived as a post-mortem succession of wealth. Both divine law and subsequent civil legislation impose limitations on certain actions taken by individuals with their property, particularly when such actions possess a unique nature—whether due to their consequences after death, their impact on others, or because these actions are themselves exceptions to a general rule. Among the constraints observed in divine law concerning certain actions is the stipulation of the one-third condition. The perspectives of Islamic jurisprudential schools and civil legislations have varied significantly in defining the essence of this condition. If we are to delineate the areas of disagreement, they revolve around whether the one-third condition is a prerequisite for validity or a requirement for enforceability.

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