Extract
[...] - Order No. 2005-759 of July relating to the reform of filiation. - Regulation No 650/2012 of 4 July 2012 on successions and the European Certificate of Succession, OJEU L 201/107. - Moudawana (Moroccan Family Code), art. 277. - Egyptian Law No of 1946, art on the will (wa?iyya). - Tunisian draft law on equal succession, 2018. - Higher Council of Notaries, International Successions - Notarial Practices and EU Regulation No. 650/2012, ed. [...]
[...] The analysis has shown that the two systems are based on irreconcilable structures in their internal logic: on the one hand, French civil law, inherited from the Enlightenment, asserts a rigorous equality between heirs, frames the freedom of the testator by the hereditary reserve, and guarantees the surviving spouse a strengthened legal status; on the other hand, Islamic law, on the other hand, is based on a revealed and non-modifiable logic, attributing a determined share to each heir according to sex, kinship and order of priority, and presents a vision of post-mortem property as a simple deposit entrusted to the deceased. However, despite these divergences, points of conciliation have been identified. [...]
[...] The notary can admit religious references in a will or a donation, provided that their implementation does not violate the succession public order. Thus, a bequest in accordance with an Islamic prescription (for example, an eighth to the surviving spouse in the presence of children, in accordance with the Quran, surah IV, verse 12) can be validated if the bequest does not infringe on the reserve of descendants or create an illegitimate discrimination. In a judgment of September the Versailles Court of Appeal validated a provision inspired by Islamic law as long as it was freely consented, enlightened, and did not deprive the reserved heirs of their rights. [...]
[...] - H. Modarressi, An Introduction to Shi'i Law, Ithaca Press, 1984. - M. Noussir, Introduction to Sunni Muslim Law, LGDJ, 2018. - M. Revillard, Notariat and Multiculturalism: Between Law and Custom, Lextenso, 2019. - Rieg, Private International Law, Dalloz, 2020. - Said, Succession in the Compared Muslim Law, Maison du Livre, 2016. - J. [...]
[...] Similarly, the question of the succession rights of a non-Muslim wife of a deceased Muslim, or of a Muslim convert whose parents are non-Muslims, is the subject of divergences between jurists. Certain schools also introduce specific solutions to situations of radd (surplus of shares) or of ?awl (insufficiency of shares). These adjustments reveal remarkable technicality, but also procedural flexibility intended to ensure that the succession order remains applicable regardless of the circumstances. However, these variations do not challenge the essence of the system, namely the irrefutable authority of divine prescriptions. [...]
