Interpreting the will using gesture in Islamic jurisprudence

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Abstract

Will is the base and pedestal of contracts and ownerships without which one cannot appropriate legal and religious impressions to contracts and ownerships. Will is a covered issue whose place is reversed and the discovery of which involves some kind of declaration, gesture being one of them. Gesture like other manifestations of will- speech, writing, work, and silence- has got some propositions. In general, gesture is treated in regard to the born dumb whose gesture is interpretive of his will unless he is capable of writing; in this case writing is privileged to gesture. Another application of gesture is in regard to the not-hereditary dumb whose gesture is the base of his contracts and ownerships; in this case any possibility of his future recovery does not affect the proposition, because in the present era this is the commonsensical principle employed in stock exchanges, and legislative houses. In all cases gesture must be clear and understandable and there should be no statement against that.

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