Al-Dahbali, Hussein Al-Khadher Hussein2026-07-132026-07-132025https://hdl.handle.net/10566/24938The topic of obligatory bequests is one that has sparked much debate. In recent years, some contemporary scholars have supported obligatory bequests because they considered it a fair solution to the problem of non-inheritance by orphaned grandchildren whose parents have died during the testator’s lifetime. However, other scholars disagree on the grounds that the provisions of the Egyptian Act of Wills No. 71 of 1946 (EAW 71) conflict with the inheritance system in Islamic Sharīʿah (the entire body of Muslim’s law from Allah). The application of obligatory bequests in Egyptian law may be seen to violate the inheritance system and its rules. Law scholars disagree with the method of calculating the obligatory bequest in EAW 71 because of a lack of clarity in the provision in Article 76 that imposes it. The thesis investigates the rules of EAW 71 regarding the obligatory bequest and whether there is a conflict of provisions between the obligatory bequest law, enacted by the legislature, and the inheritance system, which is considered a basic system in Islamic Sharīʿah that does not accept prejudice to its provisions. In addition, several gaps in EAW 71 have been identified and addressed. Thus, this thesis aims to clarify the current law of the obligatory bequest within Muslim countries, namely Egypt, Jordan and Malaysia with a specific focus on EAW 71. It examines shortcomings and seeks to address them. It further, provides recommendations regarding obligatory bequests within EAW 71. This study also aims to stimulate debate on the provisions of obligatory bequests in the countries of Egypt, Jordan and Malaysia to present a comparative examination toward addressing the aims of this thesis. Therefore, the thesis provides a set of recommendations to address the gaps in Egyptian law revealed through examining and comparing the obligatory bequest in Egypt, Jordan and Malaysia.enEgyptian LawEstateInheritanceIslamic SharīʿahJordanian LawThesis