Can the nominated executor resign from the executorship?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 3 · Bab 1

Open in Qurani

Primary text

The executor has the right to resign from their duty at any time, whether during the testator's life or after the death, and whether in the presence or absence of the testator. This is because the executor is acting based on permission, similar to a legal agent (attorney), and thus retains the right to resign. This ruling is in accordance with the position of Al-Shafi'i.

Supporting text

A narration reported by Ibn Abi Musa in Al-Irshad suggests that the executor does not have the right to resign after the death of the testator.