deliberations on the condition for the executor of testament to be a muslim

in many jurisprudential discourses, islam is said to be a condition for the validity or permissibility of action. one of the most important of these instances, which is claimed to be unanimously agreed upon, is the executorship of testament (wiṣāyat). in this article, first, the evidences of the renowned majority of jurists as per the invalidity of making a testament (waṣiyyat) to the unbeliever (kāfir) in case those concerning whom the testament is made (mūṣā ‘alayh) are muslims, is examined; and finally, the possibility of the validity of such a testament in certain instances is proven by a jurisprudential approach.