Personal Status Law

Betrothal is a proposal and promise of marriage.

A betrothal may be canceled by a fiancé or fiancée.

Anything which a fiancé or fiancée offers to the other during the betrothal period shall be deemed a gift, unless the fiancé specifically declares that what he offers is a maher or it is customary to be considered as part of the maher.

If the fiancé or fiancée decides to cancel the betrothal for reasons attributable to him or her, they shall not be entitled to reclaim the gift they gave. The other party has the right to recover the gift if it still exists, or, if not, its equivalent or its value at the time of receipt, unless the gift is of a consumable nature. In all cases, if the betrothal ends due to death or for reasons beyond the control of either party, no gift shall be returned.

1. If either the fiancé or fiancée withdraws from concluding the marriage contract or dies before the contract is made, and if the fiancé has given money to the fiancée before the contract from the maher, the fiancé or his heirs shall have the right to recover what was given, if it still exists, or its equivalent, or its value at the time of receipt. 2. If the fiancée uses the maher or part thereof to buy items as part of the marriage expenses according to custom- and the fiancé cancels the betrothal for reasons not attributable to the fiancée or the fiancée cancels the betrothal for reasons attributable to the fiancée may choose either to return to the fiancé the maher or returning what she bought in its current condition. Article 6 Marriage is a contract with terms and conditions; it entails the rights and duties of spouses. Its purpose is to preserve a person’s chastity and to establish a stable family cared for by the spouses with affection and kindness.

For the purposes of applying this Law, Khalwa is the seclusion of the couple in a place where there is no discerning person present.

1. The marriage contract must be documented, and the spouses - or one of them - must document it, in accordance with the provisions governing this. 2. Any interested party may request proof of an undocumented marriage contract. 3. The marriage contract of a non-Muslim shall be documented by the competent notary, and the Regulations of this Law shall specify the related provisions.

The court may authorize the marriage of a person under the age of (18) eighteen years, whether male or female, if he is an adult, after verifying his interest in this marriage, and the Regulations of this Law shall specify the necessary controls and procedures for this.

A person who marries in accordance with the provisions of Article (9) Nine of this Law shall acquire the capacity to litigate all matters related to marriage and its effects, if he is of sound mind.

The court may authorize the marriage of the mentally ill or a person lacking mental capacity at the request of his guardian, provided that the following conditions are met: 1. The guardian shall submit a certified medical report on the state of the mental illness or the lack of mental capacity. 2. The other party to the marriage contract shall accept the marriage after being informed of the state of the mentally ill or the person lacking mental capacity. 3. The marriage must be in the interest of the mentally ill or the person lacking mental capacity.

The elements of a marriage contract are: 1. The spouses, who are a man and a woman. 2. The offer and acceptance.

The validity of the marriage contract requires the following: 1. Identification of the spouses. 2. Consent of the spouses. 3. Acceptance of the guardian. 4. The testimony of two witnesses. 5. The woman shall not be temporarily or permanently prohibited from marrying the man.

1. A man’s eligibility to marry a woman shall be a condition for the enforceability of the marriage contract but not its validity. 2. A man’s eligibility at the time of concluding the marriage contract shall be determined based on his righteousness and considerations of custom. 3. Any relative with interest - up to the (3) third degree - who is affected by the lack of eligibility may object to the marriage contract and the court shall review the objection.

Subject to the provisions of Article (13) Thirteen of this Law, marriage is contracted by the guardian's offer and the spouse's acceptance in the form of explicit words, in writing if unable to speak, or by an understandable gesture if unable to speak or write. Article 16 The following conditions must be met for the offer and acceptance: 1. They must be in explicit agreement. 2. They must be present in (1) one actual or (1) one constructive session, in accordance with the provisions of the Law in this regard. 3. The offer and acceptance must be immediate and unconditional, and not contingent upon any condition or deferred to a future time.

1. Guardianship for marriage shall follow this order: the father, then his appointed guardian, then the paternal grandfather and all paternal ancestors in ascending order, then the son, and his male descendants, then the full brother, then the agnate brother, then the sons of the full brother, and the sons of the agnate brother, in descending order, then the full paternal uncle, then the paternal half-uncle, and their sons, respectively, in descending order. After that, the closest relatives according to the order of inheritance, then the judge. 2. If the guardians are equal in degree, the woman shall appoint a guardian from among them; and if she does not appoint one, any of them may perform the marriage contract. 3. A guardian - even if he is the father - may not marry the woman under his guardianship without her consent; the marriage contract must include a provision that proves her consent.

The guardian - in marriage - must be a male of sound mind and of legal age, and of the same religion as the woman. If this condition is not met, the next guardian in line shall perform the marriage.

If the woman's guardian is unable to attend or be notified, the court shall, at the woman's request, transfer the guardianship of the marriage to the next guardian in line shall perform the marriage. Article 20 If a guardian - even if he is the father - prevents the marriage of a woman under his guardianship to a suitable person she has consented to marry, the court shall take on this responsibility at the woman’s request or the request of an interested party. The court may transfer guardianship to another guardian if it serves a particular interest or authorize a licensed person - in accordance with the statutory provisions - to conduct the marriage contract.

The witness must be a man of sound mind who is able to hear the offer and acceptance and understand their meaning and must be a Muslim if the husband is a Muslim.

On the grounds of consanguinity, marriage to the following individuals shall be permanently prohibited: 1. Ascendants, regardless of how distant in the lineage they are. 2. Descendants, regardless of how distant in the lineage they are. 3. Descendants of the parents, regardless of how distant in the lineage they are. 4. The (1) first degree of descendants of grandparents, whether paternal or maternal.

1. On grounds of affinity, a man shall be permanently prohibited from marrying the following women: A- The mothers of his wife, regardless of how far up the lineage they are. B- The daughters of the wife with whom he has consummated the marriage. C- Any woman who was previously the wife of one of his ascendants, regardless of how far up the lineage they are, or the wife of one of his descendants, regardless of how far down the lineage they are. 2. Intercourse outside of a valid marriage results in the same prohibitions of affinity as those established through a valid marriage. Article 24 A man shall be permanently prohibited from marrying a woman whom he has pronounced li’an against before the court, even if he later recants his oath.

Breastfeeding is permanently forbidden between persons who are forbidden to marry, if the following two conditions are met: 1. Breastfeeding took place during the first (2) two years after birth. 2. There were (5) five confirmed feedings, even if they were close together.

Marriage is temporarily forbidden in the following cases: 1. The marriage of a man to a woman who is in her 'iddah period from another man. 2. The marriage of a man to a woman who has been irrevocably divorced from him by (3) three pronouncements of divorce, taking into account the provisions of Article (85) eighty-five of this Law. 3. Marriage to more than four (4) women, even if one of them is in a period of 'iddah following a revocable or irrevocable divorce or dissolution. 4. The marriage of a man to (2) two sisters, or to his wife’s paternal or maternal aunt. 5. The marriage of a person in a state of ihram for Hajj or ‘Umrah before completing the rituals of ihram. 6. A Muslim man marries a woman who is not Christian or Jewish. 7. The marriage of a Muslim woman to a non-Muslim man.

1. Spouses shall abide by the conditions they agree upon. 2. A condition shall not establish the right to the dissolution of the marriage contract unless it is explicitly stated in writing in the marriage contract document or acknowledged by both spouses. Article 28 If one of the spouses fails to fulfill the conditions of the other spouse in accordance with the provisions of Article (27) Twenty-seven of this Law, the latter may request the dissolution of the marriage contract at any time, unless he explicitly forfeits such right. In case of non-fulfillment by the husband, the dissolution shall be without compensation; in case of non-fulfillment by the wife, the compensation shall not exceed the maher.

1. If a condition is stipulated in the marriage contract that contradicts its continuation, or if the marriage contract is made in exchange for another marriage contract, the contract shall be deemed void. 2. Subject to Paragraph (1) One of this Article, the marriage contract shall be valid, and the condition shall be void if it is contrary to the contract.

Types of marriage: 1. A valid marriage. 2. An invalid marriage, which includes the following: A- A void marriage. B- A defective marriage.

A marriage contract shall be valid if its essential elements and conditions are met, and it shall take effect from the moment of its conclusion.

A marriage contract shall be deemed void if it fails to meet any of its elements or conditions, or if it includes one of the two conditions mentioned in Paragraph (1) One of Article (29) Twenty-nine of this Law.

1. A void marriage shall have no effect prior to consummation. 2. In the case of a void marriage after consummation, the following consequences shall apply: A- The obligation of the iddah period. B- Affinity shall be permanently forbidden. C- The woman is entitled to the equivalent of the mahr al-mithl, unless the maher was specified, provided that she was unaware of the legal status of the marriage contract.

1. The court shall dissolve a defective marriage contract. Such a contract shall have no effect before consummation, except in the case of a divorce initiated by the husband; in such a case, the divorce shall be considered a minor irrevocable divorce. 2. Defective marriage after consummation shall entail the following: A- The wife is entitled to the specified maher. B- The establishment of the child’s lineage. C- The obligation of the iddah period. D- The prohibition of marriage due to affinity. E- The woman's entitlement to nafaqah, unless she is aware that the marriage contract is defective. F- Divorce if the husband pronounces it, in which case it shall be a minor irrevocable divorce. 3. The effects of a defective marriage shall apply to every void marriage after consummation if the spouses were unaware of the judgment.

The spouses may conclude a new marriage contract that fulfills the elements and conditions without the need for a court judgment dissolving the previous defective or void contract, taking into account the procedures governing documentation.

A maher is money that a man pays to a woman because of the marriage contract.

Anything that can be considered money can be a maher.

The maher belongs to the woman, and she is not forced to do anything with it. Article 39 1. The marriage contract may provide for the deferral of the maher, in whole or in part. 2. If a marriage contract does not provide for the deferral of the maher or specify a date for its delivery, the maher shall be delivered upon request. 3. If a marriage contract provides for the deferral of the maher, the following shall apply: A- If a specified date is provided, the maher shall be delivered on that date. B- If no specified date is provided, the maher shall be delivered expeditiously. C- If no date is provided, the maher shall be delivered in the case of irrevocable separation or upon the death of either spouse.

1. A maher shall be due under a valid marriage contract. 2. The specified maher - or mahr al-mithl - becomes fully due upon consummation, khalwa, or the death of either spouse. 3. A woman divorced prior to consummation (2/1) shall be entitled to half the maher if the maher is specified; otherwise, she shall be entitled to not more than (2/1) half of the maher of equivalent value.

The woman is entitled to mahr al-mithl in the following cases: 1. The omission of specifying the maher. 2. The absence of maher in the marriage contract. 3. The invalidity of the specified maher.

The obligations of each spouse toward the other shall be as follows: 1. Good treatment and mutual respect, leading to affection and mercy between them. 2. Not inflicting physical or emotional harm on one another. 3. Not abstaining from marital relations or having children without the consent of the other spouse. 4. Residing in the matrimonial home, with the husband staying there and the wife remaining with him. 5. Protecting the family’s interests, caring for their children, and raising them properly. The husband shall provide the obligatory nafaqah in a reasonable manner, and treat his wives equally in terms of nafaqah, the division of rights, and providing a dwelling. The wife shall obey her husband reasonably and breastfeed their children, unless there is a valid reason preventing her from doing so.

1. A wife may refuse to consummate the marriage and move to the matrimonial home until she receives the due maher and the husband provides a suitable dwelling. The wife is entitled to nafaqah during this period. 2. If a wife agrees to consummate the marriage before receiving the due maher, such maher shall be considered a debt owed by the husband, and the wife may claim it at any time. The wife may not, after such an agreement, refuse to consummate the marriage if the husband provides a suitable dwelling.

1. The nafaqah of every person is from their own wealth, except for the wife, whose nafaqah is the responsibility of her husband, even if she is wealthy. 2. If an individual with unknown parentage has no wealth and no one volunteers to support him, his nafaqah shall be the responsibility of the state.

Nafaqah is a right of the person being supported, and it includes food, clothing, housing, and basic necessities, as determined by custom and the relevant statutory provisions.

In determining the nafaqah, the condition of the person receiving support and the financial capacity of the provider shall be considered.

1. Nafaqah may be provided in cash. 2. Providing money in kind or in the form of benefits is considered as nafaqah.

1. Subject to the provisions of Article (46) Forty-six of this Law, the nafaqah may be increased or decreased according to changes in circumstances. 2. A claim for an increase or decrease in nafaqah shall not be heard before (1) one year has passed from the date of the nafaqah ruling, except in exceptional circumstances as determined by the court. 3. Any increase or decrease in nafaqah shall be calculated from the date of issuance of the ruling.

The wife, children, and parents shall be entitled to permanent nafaqah from the date of filing the claim. Such nafaqah shall be considered a privileged debt, taking priority over all other debts; unlike past nafaqah, it shall be subject to the provisions governing other debts.

The claim for nafaqah shall be made in accordance with the applicable Regulations governing this matter. The court - when necessary - may, during consideration of a claim related to ongoing nafaqah, grant a temporary nafaqah to the entitled party upon his request, without the presence of the other party.

Subject to the provisions of Article (43) Forty-three of this Law, the husband shall be obligated to provide nafaqah to his wife under a valid marriage contract if she enables him to consummate the marriage, either actually or legally.

1. A wife’s right to nafaqah shall be forfeited only by payment or waiver. 2. A wife’s claim for nafaqah for a period exceeding (2) two years prior to the date of filing the claim shall not be heard. Article 53 1. A woman observing iddah following a revocable divorce shall be entitled to nafaqah until the end of iddah. 2. A woman observing iddah following an irrevocable divorce shall not be entitled to nafaqah, unless she is pregnant. In such case, she shall be entitled to nafaqah until giving birth.

1. A woman observing iddah following the death of her husband shall not be entitled to nafaqah, unless she is pregnant. In such case, she shall be entitled to nafaqah from the unborn child’s share of the inheritance until she gives birth. If said child has no inheritance, the woman shall be entitled to nafaqah from the heirs of the child. 2. A woman observing iddah following the death of her husband shall be entitled to continue to reside at the matrimonial home during iddah.

A wife’s right to nafaqah shall be forfeited if she, without a legitimate excuse, abstains from intercourse with her husband or refuses to move to the matrimonial home or spend the night therein or travel with her husband.

The wife shall reside with her husband in the matrimonial home, unless she stipulates otherwise in the marriage contract.

1. The husband has the right to reside with his wife in the matrimonial home, along with his parents and children from other marriages, provided he is obligated to provide for them, on the condition that no harm is caused to the wife by this. 2. The wife may have her children from another marriage reside with her in the matrimonial home if they have no other custodian, if they would be harmed by being separated from her, or if the husband explicitly or implicitly agrees to it. The husband may withdraw his consent if he suffers harm as a result. 3. If the spouses co-own, jointly rent, or provide the matrimonial home, neither spouse may have any other person reside with them without the consent of the other spouse. Article 58 1. A father shall be solely responsible for providing nafaqah to his son who has no wealth, if the father is wealthy or able to earn a living. 2. Without prejudice to Paragraph (1) One of this Article, nafaqah shall continue to be provided to a son until he reaches the point at which he is capable of earning a living, as is the case for his peers, and to a daughter until her marriage.

If a father is wealthy but fails to provide nafaqah for his children or is absent and does not have the financial means to support them, the mother shall provide nafaqah for the children if she is wealthy. If the mother is insolvent, nafaqah shall be provided by the person obligated to provide for the children in the absence of the father. Such a person may, at the time of providing nafaqah, consider the support a debt owed by the father, which may be recovered if the person intended to claim it from the father. A claim for recovery of the debt may not be heard for nafaqah provided more than (1) one year prior to the date of filing the claim.

Subject to Article (59) Fifty-nine of this Law, if the father is deceased, missing, or insolvent, the nafaqah of the child shall be provided by his wealthy relatives, according to their shares of inheritance.

A father shall pay for the breastfeeding of his infant child for two years if the mother is unable to breastfeed him or if she is no longer married to the father; such costs shall be deemed part of the nafaqah.

Full or supplementary nafaqah for parents who are not wealthy shall be provided by their children who are wealthy - each according to their share of the inheritance - regardless of whether they are adults or minors, even if the parents are capable of earning a living.

If a child provides financial support for his parents or one of them and does not intend to recover the support from his siblings, he may not file a claim for it. However, if, at the time of providing financial support, the child intends to recover the support from his siblings - in an amount exceeding his share of the nafaqah - the claim may be filed. Such claim may not be heard for nafaqah provided more than (180) one hundred and eighty days prior to the date the claim is filed.

Without prejudice to the provisions of this Law regarding nafaqah for children and parents, any person entitled to nafaqah - who is unable to earn a living - shall be provided for by his wealthy heirs, according to their shares in the inheritance.

If multiple persons are entitled to nafaqah and the person obligated to provide nafaqah is unable to provide for all of them, priority in providing nafaqah shall be as follows: the wife, then the children, then the parents, and then the relatives, with priority given to the closest kin.

Subject to Article (59) Fifty-nine of this Law, a relative’s nafaqah shall be terminated after the expiration of the specified period, unless it is provided by the person obligated to do so with the intention of recovering it. A claim for recovery of nafaqah may not be heard if it exceeds (180) one hundred and eight days from the date the claim is filed.

1. Subject to Article (34) Thirty-four of this Law, a child's lineage to his father is established only through birth within a valid marriage contract, acknowledgment, or evidence. 2. A child's lineage to his mother is established by the proof of birth.

1. A child's lineage to his father is established if born during the validity of a valid marriage contract or after its dissolution, provided that it occurs within the period of possible pregnancy, unless it is proven that the spouses could not have been together. 2. The maximum pregnancy period is (10) ten months; the court may rule otherwise based on an approved medical report. Article 69 For the establishment of lineage through acknowledgement of paternity, even in the case of a deathbed illness, the following conditions must be met: 1. The acknowledging person is an adult, of sound mind, and acting voluntarily. 2. The child is of unknown lineage. 3. The acknowledged person must accept the acknowledgment, if he is an adult of sound mind. 4. The age difference between the acknowledging person and the acknowledged child is reasonable and supports the plausibility of the acknowledgment. 5. It must be established that the child was born under a valid or void marriage contract, if the acknowledgment is made by the father. 6. Lineage is established by a DNA test.

The court may, in exceptional circumstances, or in case of disputes over the establishment of the child's lineage, or at the request of a competent authority, order a DNA test in accordance with the governing rules. The court shall issue its ruling based on the test results, provided that such a ruling is issued after verifying the following: 1. The child is of unknown lineage. 2. The age difference makes the child's lineage plausible.

If the acknowledging party is a woman, the lineage of the child from her current or former husband may not be established unless the husband acknowledges the lineage pursuant to the conditions provided for in Article (69) Sixty-nine of this Law, or if it is proven that the birth occurred under a valid or void marriage contract.

If lineage is established in accordance with the provisions of Article (67) Sixty-seven of this Law, a claim to deny lineage shall not be heard. Article 73 In cases in which the lineage of a child is established by birth under a marriage contract, a man may not deny the lineage of a child except by filing a li’an claim, provided that the following two conditions are met: 1. The claim must be filed within (15) fifteen days from the date he becomes aware of the birth. 2. The denial is not preceded by an explicit or implicit acknowledgement of his paternity of the child.

1. If a li’an claim is filed to deny the lineage of a child, the court shall consider the claim after a DNA test is conducted as per its order, provided that the woman consents to the test. 2. If the woman does not consent to a DNA test, the court shall proceed with hearing the li’an claim without the DNA test being conducted. 3. A li'an to deny the lineage of a child before the court shall be made in accordance with the Sharia-prescribed wording. If the man takes an oath of li'an and the woman refuses to do so, the court shall issue its ruling without requiring her oath.

A li'an, subject to the DNA test results in accordance with Article (74) Seventy-four of this Law, shall entail the negation of the lineage of a child. The lineage of a child shall be established even after a ruling of negation is made if the man contradicts his own statement; in such case, any denial thereafter shall not be accepted.

Separation between spouses shall occur in the following cases: 1. Divorce. 2. Khula. 3. Annulment of the marriage contract. 4. Death of either spouse. 5. Li'an oath between the spouses. Article 77 Divorce is the termination of a marriage contract at the husband's will, expressed by a clear statement of divorce.

The wording denoting divorce is of two types: 1. Explicit, meaning the word "divorce" or a word derived from it. 2. Implicit, meaning a word that could imply divorce or something else, if the husband intends it to mean divorce.

Divorce shall occur if expressed verbally or in writing, or by a clear sign if the person is unable to speak or write.

Divorce shall not occur in the following cases: 1. Divorce by a person who is not mentally competent or not of sound mind. 2. Divorce by a person who intentionally renders himself mentally incapacitated, even by using forbidden substances. 3. Divorce by a person who is extremely angry, to the point where he cannot control his words. 4. Divorce during the menstruation period, postpartum period, or a period of purity when the wife has had intercourse with the husband, provided the husband is aware of her condition.

1. Divorce shall take effect if it is conditional upon performing or refraining from an act, unless the condition is intended merely to encourage, prevent, confirm, or negate the act, and not to bring about the divorce. 2. Divorce shall not take effect by breaking an oath of divorce or a forbidden oath, unless the intention is to effect the divorce. Article 82 The validity of divorce in the cases set out in Articles (80) Eighty and (81) Eighty-one of this Law may not be contested if documented according to the applicable statutory procedures.

If a divorce is associated with a number either verbally or by a sign, or if it is repeated in the same session, it shall be counted as a single divorce.

1. A husband may lawfully delegate someone else — whether male or female — to pronounce the divorce on his behalf. 2. A husband’s revocation of a valid power of attorney after the divorce has been executed by the agent shall not be accepted, unless the husband has documented such revocation before the divorce is executed.

There are two types of divorce: 1. A revocable divorce, which does not terminate the marriage contract except upon the completion of the iddah. 2. An irrevocable divorce, which terminates the marriage contract immediately upon occurrence; this type of divorce is divided into two parts: A- A minor irrevocable divorce: in this type of divorce, the woman cannot remarry her exhusband except through a new contract and maher, with the number of previous instances of divorce taken into account. B- A major irrevocable divorce: in this type of divorce, the woman cannot remarry her exhusband except after she completes her iddah following her divorce from another husband who consummated the marriage under a valid marriage contract established without the intention to render her remarriage to her ex-husband lawful.

A divorce in a valid marriage shall be deemed revocable except for the following: 1. Divorce effected for the third time, which results in a major irrevocable divorce. 2. Divorce effected before consummation or khalwa, which results in a minor irrevocable divorce.

In a revocable divorce, a husband may resume the marriage prior to the lapse of iddah; the right to resume the marriage may not be forfeited by waiving such a right.

Reconciliation may be made explicitly, either verbally or in writing; if unable to do so, it may be made by a clear and understandable sign. Intercourse during the iddah shall be considered as reconciliation.

Reconciliation shall only be valid if it is immediate and unconditional; it may not be contingent upon a condition nor delayed to the future.

A husband shall document the divorce with the competent authority - in accordance with applicable procedures - within a period not exceeding (15) fifteen days from the date of the divorce leading to separation, without affecting the wife’s right to file a claim to establish the divorce.

If a husband fails to document the divorce as provided for in Article (90) Ninety of this Law and the wife is not informed of the divorce, she shall be entitled to compensation, which shall not be less than the minimum amount of nafaqah from the date of divorce until the date she becomes aware of it.

1. A husband shall, in a revocable divorce, document the reconciliation in accordance with applicable procedures within a period not exceeding (15) fifteen days from the date of reconciliation if the divorce has been documented. 2. If a husband fails to document the reconciliation as stipulated in Paragraph (1) One of this Article and the wife is not informed of such reconciliation and then marries another man, the reconciliation shall not be considered valid. 3. As an exception to Paragraph (2) Two of Article (52) Fifty-two of this Law, if a husband fails to document the reconciliation and the wife is not informed of such reconciliation, she may claim nafaqah for the previous period.

A wife’s claim of divorce or reconciliation may not be accepted unless supported by evidence.

A wife’s claim of the completion of iddah prior to reconciliation shall be accepted if the period following the divorce typically allows for the completion of iddah.

Khul’ means divorce or separation of spouses at the request of the wife and with the consent of the husband in exchange for compensation provided by the wife or another party.

Khul’ shall be valid upon the mutual agreement of both spouses who are fully competent to terminate the marriage contract, without the need for a court ruling.

Khul’ shall take effect using any wording that denotes separation, whether expressed verbally or in writing, or by a clear sign if the person is unable to speak or write. Khul’ shall result in the dissolution of the marriage contract, even if expressed using the wording of divorce. Khul’ shall be considered a minor irrevocable divorce and shall not count towards the (3) three divorces.

Khul’ shall take effect under all circumstances the wife may be in, including during her menstruation, postpartum, and the state of purity in which her husband had sexual relations with her. Article 99 Khul’ does not take effect without compensation. If a husband divorces his wife without compensation, it shall not be considered Khul’ and the provisions of divorce shall apply.

Anything that is considered money may be used as compensation in Khul’. The compensation may not include the waiver of any of the children’s rights or their custody.

If the compensation for Khul’ is the maher, the compensation shall be limited to the portion of the maher that has been paid, and the remainder, even if deferred, shall be waived.

1. Khul’ must be documented in accordance with applicable provisions by both spouses or either of them -. 2. Any interested party may request the verification of Khul’ by any means of proof.

Any court ruling which provides for the dissolution of the marriage contract shall be deemed a dissolution. This dissolution shall be deemed a minor irrevocable divorce and shall not count towards the (3) three instances of divorce.

1. A spouse may request dissolution of the marriage contract if the other spouse has a harmful or repellent condition that prevents marital relations - whether the condition existed before the marriage contract was concluded or arose afterward - unless the spouse seeking dissolution was aware of the condition before or after the marriage contract was concluded and showed acceptance, either verbally or through action. 2. The court may seek the assistance of experts to identify and evaluate the condition. Article 105 If the marriage contract is rescinded due to a condition in either spouse, the court shall decide the following: 1. If a condition in either spouse occurs after consummation, the husband shall not recover any portion of the maher he paid. 2. If a condition in either spouse occurs prior to the conclusion of the marriage contract and the dissolution is made before consummation or khalwa, the husband may recover the maher paid, and the remaining maher shall be forfeited, even if deferred. 3. If a condition in the husband occurs prior to the marriage contract and the dissolution is made after consummation or khalwa, the wife shall be entitled to the full maher. 4. If a condition in the wife occurs prior to the conclusion of the marriage contract and the dissolution is made after consummation or khalwa, the wife shall be entitled to the maher. The husband may seek to recover the maher from the person who deceived him.

1. The court shall, upon the wife’s request, dissolve the marriage contract if the marriage has not been consummated and the husband fails to pay the due maher within the period set by the court, provided that the period does not exceed (30) thirty days from the date of the request. 2. A marriage contract shall not be dissolved due to non-payment of the maher if consummation has occurred. The maher shall remain a debt owed by the husband, and the wife may claim the due portion of the maher from the husband upon her request.

1. The court shall dissolve the marriage contract upon the wife’s request if the husband fails to provide nafaqah for her or if nafaqah cannot be collected from him. 2. The court shall dissolve the marriage contract upon the wife’s request if the husband claims insolvency regarding nafaqah, even if she was aware of such insolvency prior to the marriage contract. The wife may request the dissolution of the marriage contract to take effect immediately or at a later time. Article 108 The court shall dissolve the marriage contract upon the wife’s request if the harm inflicted by the husband makes it impossible to continue living together in a proper manner, provided that the harm is proven.

If the harm that makes it impossible to continue living together in a proper manner is not established, and the dispute between the spouses continues with reconciliation being unachievable, each spouse shall choose (1) one mediator from their family within the period specified by the court. If they fail to do so, the court shall appoint (2) two arbitrators, one from each spouse’s family, if possible, or from others. The arbitration period shall not exceed (60) sixty days from the date the arbitrators are appointed.

The (2) two arbitrators shall hear the spouses, investigate the causes of the dispute, and make efforts to reconcile them. The refusal of either spouse to engage with the (2) two arbitrators shall not affect the progress of the (2) two arbitrations.

If the (2) two arbitrators fail to reconcile the spouses, they shall decide on their separation with or without compensation. In all cases, the compensation paid by the wife shall not exceed the maher. The (2) two arbitrators shall submit a report to the court, detailing their efforts to reconcile the spouses, their conclusion, and the reasons for their decision.

1. The court shall dissolve the marriage contract if the wife requests the dissolution before consummation or khalwa, the husband refuses to divorce her or grant her khul’, the wife returns the maher, and reconciliation is not possible. 2. If the wife requests the dissolution of the marriage contract before consummation or khalwa for a reason attributable to her, she shall return the maher and any marriage-related expenses she incurred - at her request - if the husband demands it. Article 113 The court shall annul the marriage contract upon the wife’s request in the following cases: 1. If her husband swears an oath not to have intercourse with her for more than (4) four months, unless he retracts his oath before the expiration of the (4) four months. 2. If the husband refuses to have intercourse with her for more than (4) four months without a legitimate excuse.

Unless the absence is due to work, a wife may request the dissolution of the marriage contract due to the absence of her husband, whose domicile or place of residence is known, if the period of his absence is not less than (4) four months, even if the husband has the means to provide nafaqah. The marriage contract shall not be dissolved unless the husband is notified to either live with his wife, relocate her to live with him, or divorce her. He shall be granted a period not exceeding (180) one hundred and eighty days from the date of his notification to rectify the situation.

A wife may request the dissolution of the marriage contract due to the husband’s absence or disappearance if his domicile or place of residence is unknown. The court shall not dissolve the marriage contract before the lapse of the period specified by the court, provided that the period is not less than (1) one year and not more than (2) two years from the date of the husband’s disappearance or absence.

Iddah is the specified period during which a woman may not remarry due to marital separation or an equivalent situation.

In accordance with the provisions of Articles (33) Thirty-three and (34) Thirty-four of this Law, under a valid marriage contract, a wife shall observe iddah upon the death of her husband, even if death occurs before consummation. She shall also observe iddah in the case of separation, for reasons other than death, such as khalwa or consummation of the valid marriage contract. Article 118 Iddah shall begin from the date of divorce, khul’, or death. In cases of separation by a judicial ruling, iddah shall begin from the date the ruling is issued that dissolves or annuls the marriage contract, or from the date a divorce is established by the court in case of a disputed divorce. The woman may not remarry in the - aforementioned cases - until the iddah has ended or the ruling has become final, whichever is later.

In accordance with Article (120) One hundred and twenty of this Law, the iddah of a wife whose husband has died, even if consummation has not occurred, shall be (4) four months and (10) ten days.

The iddah of a pregnant woman separated due to death or other reasons shall end upon the birth of her child, provided that the pregnancy exceeds (80) eighty days.

The iddah of a non-pregnant woman separated from her husband due to a reason other than death shall be: 1. (3) three menstrual cycles for a menstruating woman. 2. (3) three months for a woman who has reached menopause, and (3) three months for a woman who has not menstruated. If the woman menstruates before the end of this period, her iddah will begin from the first menstruation.

If a woman’s husband dies while observing iddah for a revocable divorce, she shall observe the iddah prescribed for death, and the iddah observed for the divorce shall not be counted.

If a woman’s husband dies while she is observing iddah due to khul’, annulment, or irrevocable divorce, she shall complete her iddah and will not observe the iddah for widowhood, unless the divorce occurs during a fatal illness and the divorce was not initiated by the wife’s request; in such case, she shall observe the longer of the two iddah periods. Article 124 Custody means the care of a person who is unable to look after himself, raising him, and attending to his interests, including education and medical care.

In accordance with Article (10) Ten of this Law, a custodian must meet the following conditions: 1. Full legal capacity. 2. The ability to raise, protect, and care for the child under custody. 3. Free from serious contagious diseases.

Without prejudice to the provisions of Article (125) One hundred and twenty-five of this Law, the following conditions must be adhered to: 1. If the custodian is a woman, she must not be married to a man who is unrelated to the child, unless the best interest of the child requires otherwise. 2. If the custodian is a man, he must be a relative of the ward under custody who is prohibited from marrying her, if she is a female, and a woman who is suitable for custody must reside with the custodian.

1. Custody is the joint responsibility of both parents as long as the marriage persists. In the event of separation, custody shall be granted to the mother, then to the person entitled to it in the following order: the father, the maternal grandmother, the paternal grandmother, and the court shall decide what it deems to be in the best interest of the child under custody, without affecting Article (126) One hundred and twenty-six of this Law. 2. The court may decide contrary to the order set forth in Paragraph (1) One of this Article, based on the best interest of the child under custody. Article 128 In accordance with the relevant Laws, the right to custody shall be lost in the following cases: 1. If any of the conditions in Articles (125) One hundred and twenty-five and (126) One hundred and twenty-six of this Law are not met. 2. If the custodian moves to another location with the intent to reside there, thereby depriving the child of his best interests. 3. If the person entitled to custody fails to claim it for more than (1) one year without an excuse, unless the best interest of the child under custody dictates otherwise.

Subject to the provisions of the relevant statutory provisions, traveling with the child under custody outside the Kingdom shall be governed by the following: 1. If the custodian is a parent, the parent may not take the child under custody outside the Kingdom for more than (90) ninety days per year without the consent of the other parent, or the guardian of the child if the father is deceased. 2. If the custodian is someone other than the parents, they may not take the child under custody outside the Kingdom for more than (30) thirty days per year without the consent of both parents or the consent of one parent if the other is deceased, or the consent of the guardian if both parents are deceased.

A person who has lost the right to custody may request it from the court if the grounds for its forfeiture no longer exist.

1. If the child under custody is under the age of (2) two and custody is not claimed by a person entitled thereto, the mother, if present, shall be obligated to take custody of the child; otherwise, the father shall be obligated to do so. 2. If the child under custody is over the age of (2) two and custody is not claimed by a person entitled thereto, the father, if present, shall be obligated to take custody of the child; otherwise, the mother shall be obligated to do so. Article 132 If the parents are absent, and custody is not accepted by a person entitled to it, the court shall select a person it deems suitable from the child's relatives or others, or from one of the qualified entities designated for this purpose.

If the mother leaves the matrimonial home due to disagreement or for any other reason, she shall not forfeit her right to custody, unless the best interest of the child under custody dictates otherwise.

In accordance with Article (129) One hundred and twenty-nine of this Law: 1. If the child under custody is in the custody of either parent, the noncustodial parent shall be entitled to visitation rights and to take the child under custody with him, subject to the parents' agreement; in case of disagreement, the court shall decide the matter as it deems appropriate. 2. If either parent is deceased or absent, the court may designate a person from the relatives of the deceased or absent parent who shall be entitled to visitation rights, based on the best interest of the child under custody. 3. If the child under custody is residing with someone other than his parents, the court may designate a person from among the relatives of the child under custody who shall be entitled to visitation rights, based on the best interest of the child.

1. Upon completing the age of (15) fifteen, the child under custody may choose to reside with either parent, unless the best interest of the child requires otherwise. 2. Custody shall end when the child under custody reaches the age of (18) eighteen. 3. If the child under custody is mentally ill or a person lacking mental or suffers from a debilitating illness, custody shall continue based on the order stipulated in Article (127) One hundred and twenty-seven of this Law. Article 136 Without prejudice to the provisions of other Laws, a minor in this Law means a person who has not attained legal capacity, either by total or partial loss thereof, and those in a similar position in accordance with the provisions governing such matters.

1. A guardian is the father, or any person appointed by the court. 2. A guardian is the person appointed by the father to take over guardianship in case of the father’s incapacitation or death. The guardian or trustee - as the case may be - shall represent and manage the affairs of the minor.

Guardianship over minors is divided into the following: 1. Guardianship over the person, which means general supervision of the minor in a manner that does not conflict with the custodian's authority over the child's affairs. 2. Guardianship over property, which means managing all affairs related to the minor's property. Both types of guardianship may be assumed by (1) one person.

Guardianship over the minor's property shall be held by the father, then the father's guardian, then the person appointed by the court.

Guardianship over the person or property shall be entrusted to a person who is competent, trustworthy, and capable of fulfilling the duties of guardianship. A guardian over the person must be Muslim if the person under guardianship is Muslim. Article 141 Without prejudice to Article (140) One hundred and forty of this Law, a designated trustee or guardian must not have the potential to harm the interests of the minor. This includes the following: 1. He must not have been convicted of a crime that violates honor and integrity, unless he has been reinstated. 2. He shall not have been convicted of insolvency due to his inability to manage his own property. 3. He must not have been removed from guardianship over another minor due to harming the minor or failing to manage his property properly. 4. He must not have enmity with the minor that may harm his interests.

Guardianship and trusteeship shall be assumed without payment, unless the testator specifies a reasonable fee. The court may - at the request of the guardian or trustee - award them compensation for performing a specific task, or a payment that starts from the date of the request.

The court may dismiss a trustee or guardian in the following cases: 1. If any of the conditions stipulated in Articles (140) One hundred and forty and (141) One hundred and forty-one of this Law is not met. 2. If the trustee or guardian neglects his duties or is unable to fulfill them.

The provisions in Chapter (Chapter (5) Five from Article (136) One hundred and thirty-six to Article (168) One hundred and sixty-eight of this Law) shall not affect the powers of the General Authority for Guardianship over the Property of Minors and those in a similar position.

The father may appoint a trustee for his minor children, or for his children born after his death. Article 146 A trustee shall be bound by what is assigned to him in the bequest, except for duties that conflict with the provisions of Islamic Sharia Law or the Laws.

Subject to the provisions of Articles (17) Seventeen and (18) Eighteen of this Law, a guardian or trustee appointed by the court may be male or female, an individual or a legal entity, and may be one person or more.

The order of guardianship shall be as follows, unless the will specifies otherwise: 1. If the father designates multiple guardians in a single will, they shall all participate in the guardianship. No guardian may act independently, unless authorized by the father or delegated by the other guardians. 2. If the father appoints multiple guardians in more than one will, they shall all participate in the guardianship, unless the court decides otherwise for the minor's best interest. 3. If the father designates a guardian, then designates another, only the latter shall assume guardianship, unless there is evidence of joint guardianship. If the father does not specify the powers of each guardian, the court may determine such powers.

1. The court may, on its own initiative or upon the request of a guardian, appoint - (1) one or more - additional guardians to assist the original guardian if he is unable or requires assistance, or if it is in the best interest of the minor. 2. The court may dismiss any or all of the guardians if it is in the best interest of the minor.

1. Trusteeship shall be effective upon the trustee's acceptance, and the trustee’s performance of his duties shall be considered an implicit acceptance of the trusteeship. 2. Any interested party may petition the court to notify the trustee to commence his duties. The court may grant the trustee a period of up to (30) thirty days from the date of notification to perform his duties. The court shall decide what it deems appropriate regarding guardianship.

1. A father may remove a trustee at any time. 2. A trustee may resign from his duties at any time during the life of the testator. If the testator is deceased or incapacitated, the trustee must petition the court to be relieved of his duties.

If the minor does not have a trustee, or if the trustee is dismissed, the court shall appoint a guardian over the minor’s estate after consulting with the mother, unless the court appoints the mother as the guardian of the estate.

The court may appoint a temporary guardian for a specified period or to perform a specific task whenever the best interest of the minor requires it.

1. The court may remove a guardian appointed by it if the best interest of the minor requires it. 2. A court-appointed guardian may request to be relieved of guardianship duties at any time. The court may grant or defer the request, taking into account the best interest of the minor.

A trustee and a court-appointed guardian must manage and protect the minor's estate in a manner that serves the minor's best interests.

Without prejudice to the powers of the General Authority for Guardianship over the Property of Minors and those of Similar Status, a trustee or court-appointed guardian shall deposit the minor's funds into bank accounts in the name of the minor. Article 157 Trusteeship and guardianship shall terminate in the following cases: 1. The minor reaches the age of majority and is mentally competent. 2. Lifting the interdiction from the person under guardianship. 3. The minor dies. 4. The father of the minor regains his legal capacity. 5. Dismissal of the trustee or guardian or acceptance of his resignation. 6. Death of the trustee or guardian, or his loss of capacity or partial loss of capacity. 7. Establishment of the disappearance or absence of the trustee or guardian. 8. The end of the state of disappearance or absence of the ward.

If the person who has reached the age of majority is partially incompetent or unable to manage his own estate, the trustee or court-appointed guardian must petition the court to consider the continuation of the guardianship or trusteeship.

A trustee or court-appointed guardian, upon completing his duties, shall, under the supervision of the General Authority for Guardianship over the Property of Minors and those of Similar Status, deliver the minor's estate and all related accounts and documents to the concerned party within a period not exceeding (30) thirty days from the completion of his duties.

Upon the death of the trustee or court-appointed guardian, the heirs or any person in possession of all or part of the estate shall notify the competent authority to protect the rights of the minor.

1. An absent person is someone whose domicile or place of residence is unknown, and whose financial affairs cannot be managed whether by himself or by an agent for a period determined by the court, resulting in the disruption of his own interests or the interests of others. 2. A missing person is an absent person whose life or death is unknown.

If an absent or missing person does not have an agent, the court may appoint a guardian to manage all or part of his estate.

A court-appointed guardian shall prepare an inventory of the estate of an absent or missing person and manage it in accordance with the provisions governing the management of the estate of minors.

The status of a missing person shall terminate in either of the following cases: 1. If the missing person’s life or death is confirmed. 2. If a judicial ruling is issued declaring the missing person deceased.

In all cases, the court shall take the necessary measures to determine whether a missing person is alive or deceased before issuing a ruling declaring his death.

The court shall - upon the petition of an interested party - issue a ruling declaring the death of a missing person if evidence to that effect is presented. Otherwise, the court shall not issue such a ruling except after the lapse of the following prescribed period, which are determined based on the circumstances surrounding the disappearance, as follows: 1. A period of (4) four years from the date the competent authority is notified of the disappearance, if his death is not deemed probable under the circumstances surrounding the disappearance. 2. A period of (1) one year from the date of disappearance, if his death is deemed probable under the circumstances surrounding the disappearance. Article 167 The date on which a ruling is issued declaring the death of a missing person shall be considered the date of his death, unless the actual date of death is later established.

If a missing person reappears alive after a ruling has been issued declaring him deceased, the following shall apply: 1. The missing person may reclaim the property of his estate from the heirs. 2. The wife of the missing person may resume her marriage to him, unless she has remarried, and the marriage has been consummated.

A will is the disposition of property as a donation, which takes effect after the death of the testator.

A will is valid, whether unconditional or conditional.

Subject to Article (190) One hundred and ninety of this Law, a will shall be executed from the testator's estate after deducting funeral expenses and settling his debts.

Any disposition by a fatally ill person resulting in the transfer of ownership of property shall be deemed a will if it is made as a donation; if such disposition is made as compensation involving favoritism, the amount intended for such favoritism shall be deemed a will.

The components of a will are the wording, the testator, the beneficiary, and the bequest. Article 174 A will shall be valid if expressed verbally or in writing, or by a clear sign in case of inability to speak or write.

A testator may amend or revoke his will, in whole or in part, either verbally or through an action that indicates the same.

The testator must be an adult who is legally competent.

1. The existence of multiple wills does not constitute a revocation of a prior will unless the testator explicitly declares the revocation. Any interested party may prove the revocation. 2. Subject to Article (190) One hundred and ninety of this Law, in cases of multiple wills without specific bequests, if the total value of the bequests exceeds (1/3) one-third of the estate, the shortfall will be distributed among all legatees in proportion to their shares. If the bequests are specific, the shortfall will be equally distributed among all the designated legatees, unless the testator has specified a difference in shares.

A will is valid for anyone who has the right to own the property, whether Muslim or non-Muslim.

1. A will may not be made in favor of an heir unless it is approved by the other heirs after the testator's death. If the will is approved by some of the heirs, it shall be executed in accordance with their respective shares. 2. A legatee shall be considered an heir at the time of the testator’s death. Article 180 Subject to the applicable statutory provisions, a will shall be valid in the following cases: 1. If it is made for a specified person who is alive at the time of the will, or for an unborn child whose existence is known. 2. If it is made for a specified or unspecified group. 3. If it is made for a legal entity whose governing Regulations allow the acceptance of wills. 4. If it is made for a mosque or a waqf. 5. If it is made for the sake of Allah or for charitable purposes, and the entire bequest is allocated for such purposes. In all cases, the validity of the will and its acceptance, if the legatee resides outside the Kingdom, shall be subject to the relevant provisions governing such matters.

The will shall be binding according to the legatee in the following manner: 1. If made for a specified natural person or a specified group, the will shall be fulfilled upon acceptance following the testator’s death. In such cases, ownership shall be transferred to the legatee from the moment of acceptance. 2. If made for a minor, the will shall be fulfilled upon the acceptance of the guardian. 3. If made for the sake of Allah, for charitable purposes, or for an unspecified group, the will shall be fulfilled without the need for acceptance upon the testator's death. 4. If made for a legal person, the will shall be fulfilled upon the acceptance of the person authorized to accept it, in accordance with the provisions governing it. 5. If made for a mosque, the will shall be fulfilled upon the acceptance of the supervising authority, and if made for a waqf, it shall be fulfilled upon the acceptance of its administrator.

1. The legatee shall have full capacity to return the will or part thereof after the death of the testator. 2. The guardian of a minor shall return the will or part thereof with the permission of the court. 3. The legal person may return the will or part of it to the person who has the right to return it in accordance with the provisions governing this matter. 4. If the will is made for a mosque, the supervising authority may reject the will or part of it, and if made for a waqf, the waqf administrator may return it.

1. The acceptance or return of the will is not required to take place immediately after the testator's death. 2. If the legatee does not express acceptance or rejection, any person with an interest in the inheritance, bequest, or its execution may petition the court to issue a notice to the legatee. The court shall grant the legatee a period of no more than (30) thirty days from the date of the notice to express acceptance. If the legatee fails to respond and does not provide an acceptable excuse, the will shall be deemed rejected. If the legatee is a legal person, the court shall determine the appropriate period for acceptance or rejection.

If a legatee dies after the testator’s death and before accepting or rejecting the will, the right to accept or reject the will shall pass to the legatee’s heirs, each according to their share in the will.

If a testator bequeaths to an unspecified group, a legal entity, a waqf, or a specific charitable purpose, and such beneficiaries no longer exist or the purpose is no longer applicable before the property is acquired, the will shall, with the court's approval, be allocated to the closest available beneficiary.

If a will is made for an unspecified group, the person responsible for its execution may, at their discretion, allocate the will among the legatees, giving priority to those in need, without being bound by equal distribution or generalization, unless the will specifies otherwise. Article 187 If there are multiple legatees in a single will or in multiple wills, and the share of each legatee is not specified, the distribution of the will shall be as follows: 1. If made for specific persons or a specified group, each legatee shall receive a share from the will. 2. If made for specific persons and an unspecified group, each specific person shall receive a share, and the unspecified group shall also receive a share.

The following conditions must be met for a bequest: 1. It must be owned by the testator if it is specified. 2. It must exist or be capable of existing. 3. It must be lawful.

1. A bequest may be in the form of a specific asset, a benefit, or a transferable right, whether it is a common or specific asset. 2. If the bequest is for a common asset, it shall include all of the testator’s estate at the time of his death, unless the heirs and the legatee agree otherwise.

A will shall be executed if it does not exceed (1/3) one-third of the estate. If the bequest exceeds (1/3) one-third, the excess shall be suspended until the approval of the heirs is obtained, and the excess shall be executed according to the share of the heirs who approve it.

1. A bequest exceeding (1/3) one-third of the estate is valid if made by a person with no heirs. 2. A bequest exceeding the share of a spouse is valid if no other heirs exist. Article 192 If the bequest is for a specific benefit, it shall be considered as deducted from (1/3) one-third of the estate, as follows: 1. If the will is for a permanent or absolute benefit or for the lifetime of the legatee, it shall be calculated at the value of the asset legacy at the time of the testator's death. 2. If the will is for a temporary benefit, it shall be calculated at the value of the benefit during that period.

1. The benefit bequeathed shall revert to the owner of the asset - whether he is an heir or a legatee of the asset - in the following cases: A- the duration of the bequeathed usufruct expires. B- If the legatee of the usufruct dies. C- If the legatee, whether – (1) one or more - ceases to exist, and the bequest is made for a specified or unspecified group that is likely to cease to exist. 2. If the legatee of the bequeathed usufruct or its income is a legal person or an unspecified group that is unlikely to cease to exist, and the usufruct is bequeathed for permanent or absolute use, it shall be governed by the provisions relating to waqf.

If the will involves a common share in the estate, and it includes uncollected debts or assets, the legatee shall receive their share from the available assets in the estate. The legatee shall continue to receive their share from any collected debts or assets, unless the heirs and the legatee agree otherwise.

1. If the will grants the same share as a specified heir's share in the estate, the legatee shall be entitled to an amount equal to the heir's share, added to the base of the estate, and the shortfall shall be borne by all heirs. 2. If the will grants the same share as an unspecified heir's share in the estate, the legatee shall be entitled to an amount equal to the share of the least inheriting heir, added to the base of the estate, and the shortfall shall be borne by all heirs. Article 196 A will shall be rendered void in the following cases: 1. The testator revokes the will verbally or by action. 2. The legatee predeceases the testator, or both die simultaneously, or if it is uncertain who died first, unless the will involves settling the legatee’s debt. 3. The legatee return the will after the testator’s death and before accepting it. 4. The legatee kills the testator in a manner that prevents inheritance. 5. The destruction of the specified bequest or its entitlement to someone other than the testator.

An estate refers to the property and financial rights left by a person upon his death.

Estate-related rights shall be prioritized in the following order: 1. Burial expenses in accordance with customary practices. 2. Payment of debts, with priority given to debts tied to specific property of the estate. 3. Execution of the will. 4. Distribution of the remaining estate among the heirs.

Entitlement to inheritance is subject to the following conditions: 1. The death of the decedent, either actual or by a judicial ruling. 2. The survival of the heir after the death of the decedent, either physically or legally presumed. 3. The existence of a valid cause for inheritance and the absence of any obstacles thereto. Article 200 1. A person who intentionally or semi-intentionally kills the decedent, whether as the principal perpetrator or as an accomplice, shall not inherit from the decedent. 2. A person who causes or orders the death of the decedent, whether intentionally or semiintentionally, shall not inherit from the decedent. 3. A person who kills the decedent by mistake shall inherit from the estate, excluding the diya.

Separation between spouses during their lifetime prevents inheritance between them, except in the following cases: 1. In the case of a revocable divorce, provided the woman is in iddah. 2. If the husband divorces his wife during a fatal illness without her request, she shall inherit unless she remarries before his death.

Subject to the provisions of the will as stipulated in this Law, particularly Article (178) One hundred and seventy-eight, inheritance shall not occur between persons of different religions.

No inheritance shall occur between the deceased if their deaths occur at the same time, or if it is not known which one passed away first.

1. Inheritance shall be by fardh, ta'sib, or a combination of both, or by consanguinity. 2. Fardh refers to a share determined by Sharia for an heir. 3. Ta’sib refers to a share not determined by Sharia for an heir.

Descendant heir is the one who is entitled to the inheritance wholly or partly and is from the descendants of the deceased, including the son and his descendants and the daughter. Any person related to the deceased through a female shall not be considered a descendant heir. Article 206 The ascendant heir is the person who is entitled to the entire inheritance or part thereof and is one of the parents of the deceased, including the father and his forefathers, the mother and the grandmothers.

The shares of fardh are: (2/3) two-thirds, (1/2) one-half, (1/3) one-third, (1/4) one-fourth, (1/6) one-sixth, and (1/8) one-eighth of the inheritance.

Heirs by fardh are the husband, wife, father, mother, paternal grandfather and his paternal ancestors regardless of how far up the lineage they go, grandmother, daughter, daughter of a son regardless of how far down the lineage they go, full sister, paternal half-sister, maternal half-brother, and maternal half-sister.

A husband shall inherit (1/2) one-half of the wife’s estate if she has no descendant heirs, and (1/4) one-fourth if she does.

1. A wife shall inherit (1/4) one-fourth of the husband's estate if he has no descendant heirs, and (1/8) one-eighth if he does. 2. In case of multiple wives, they shall share the fardh portion prescribed for a single wife equally among themselves.

1. A father shall inherit (1/6) one-sixth of the estate by fardh if a male descendant heir exists. 2. A father shall inherit (1/6) one-sixth of the estate by fardh and the remaining portion by ta’sib if a female descendant heir exists without a male descendant heir. 3. A father shall inherit the remaining estate by ta’sib if no descendant heirs exist. Article 212 1. The grandfather is the heir of anyone who is not related to the deceased through a female line. 2. The grandfather inherits in the absence of a father, and the older grandfather is excluded if there is a closer grandfather. 3. The inheritance of the grandfather is like the inheritance of the father and excludes the brothers. If the heirs are limited to one of the spouses and the mother and grandfather, the remainder is inherited by ta'sib after one of the spouses takes his share and the mother takes (1/3) one-third of the entire estate.

1. The mother shall inherit (1/6) one-sixth of the estate in the following cases: A- If the deceased has a descendant heir. B- If the deceased has two or - more - siblings, whether full or half, male or female, or whether entitled to or excluded from inheritance. 2. Subject to Paragraph (3) Three of this Article, the mother shall inherit (1/3) one-third of the estate when the two cases mentioned in Paragraph (1) One of this Article do not occur. 3. The mother shall inherit (3/1) one-third of the remainder of the estate after one of the spouses inherits if the inheritance is limited to the parents and one of the spouses.

1. The grandmother shall inherit only from the following sides: the mother’s mother, the father’s mother, and the father’s paternal grandmother, regardless of how far up the lineage they go. The father does not exclude his mother or his paternal grandmother. 2. The grandmother shall inherit (1/6) one-sixth of the estate in the absence of the mother. In case of multiple inheriting grandmothers, they shall jointly inherit (1/6) one-sixth of the estate. A nearer grandmother shall exclude a more distant grandmother, regardless of the kinship side.

1. If the deceased has no son, a sole daughter shall inherit (1/2) one-half of the estate, and (2) two or - more - daughters shall inherit (2/3) two-thirds of the estate. 2. If the deceased has a son, a sole daughter or - more - shall inherit the remainder of the estate along with son of the deceased by ta’sib-by-others; the male heir shall inherit double the share of the female heir.

1. The daughter of a son shall inherit (1/2) one-half of the estate if she is the sole heir, and if there are (2) two or - more - daughters of a son, they shall inherit (2/3) two-thirds of the estate, if the following two conditions are met: A- The deceased has no descendant heir of a higher degree than the daughter. B- The deceased has no son of a son of the same degree as the daughter. 2. The daughter of a son, whether (1) one or more, shall inherit (1/6) one-sixth of the estate if the following two conditions are met: A- A daughter inheriting (1/2) one-half of the estate by fardh exists. B- The deceased's son has no son of the same degree as the daughter. 3. The daughters of a son, (1) one or – more - shall inherit the remainder of the estate along with the son of the deceased’s son who is of the same degree of kinship - or a son of a lower degree if necessary for inheritance - by ta’sib-by-others. The male shall inherit twice the share of the female, provided that there is no male descendant heir of a higher degree.

1. The full sister shall inherit (2/1) one-half if she is one (1), and (3/2) two-thirds if there are (2) two or - more - if the following conditions are met: A- The deceased has no male ascendant heir. B- The deceased has no descendant heir. C- The deceased has no full brother. 2. Full sisters, (1) one or – more - shall inherit the remainder of the estate with the full brother by ta’sib-by-others with the male inheriting twice the share of the female, if the following two conditions are met: A- The deceased has no male ascendant heir. B- The deceased has no male descendant heir. 3. Full sisters, (1) one or – more - shall inherit the remainder of the estate by ta’sib-by-others, if the following conditions are met: A- The deceased has no male ascendant heir. B- The deceased has no male descendant heir. C- The deceased has no full brother. D- The deceased has a female descendant heir.

1. Without prejudice to the provisions of Paragraph (1) One of Article (217) Two hundred and seventeen of this Law, a sole consanguine sister shall inherit (1/2) one-half of the estate, and (2) two or – more - consanguine sisters shall inherit (2/3) two-thirds of the estate if the deceased has neither a full sister nor a consanguine brother. 2. A consanguine sister shall inherit (1/6) one-sixth of the estate if she is (1) one or – more - if the following (2) two conditions are met: A- The existence of a full sister who inherits one-half of the estate by fardh. B- The deceased has no consanguine brother. 3. Consanguine sisters, (1) one or – more - shall inherit the remainder of the estate along with the consanguine brother by ta’sib-by-others with the male inheriting twice the share of the female, if the following conditions are met: A-The deceased has no male ascendant heir. B- The deceased has no male descendant heir. C- The deceased has no full brother. 4. Consanguine sisters, (1) one or more, shall inherit the remainder of the estate by ta’sib-with others, if the following conditions are met: A- The deceased has no male ascendant heir. B- The deceased has no male descendant heir. C- The deceased has a female descendant heir. D- The deceased has no full sister or full brother. E- The deceased has no consanguine brother.

A maternal brother or sister shall inherit (1/6) one-sixth of the estate if there is only one, and (1/3) one-third if there are (2) two or - more - if the following two conditions are met: 1. The deceased has no male ascendant heir. 2. The deceased has no descendant heir. Article 220 If the deceased has a group of maternal siblings, male and female, one-third (1/3) shall be divided equally among them, without distinction between the share of males and females.

Exclusion is the deprivation of a person from inheritance, either partially or entirely, due to the cause of inheritance.

1. A person who is excluded from inheritance due to one of the causes mentioned in Articles (200) Two hundred and (202) Two hundred and two of this Law shall not exclude other heirs. 2. A person who is excluded from inheritance, either wholly or partially, shall exclude other heirs if the grounds for exclusion exist.

There are three types of ta'sib, namely: 1. Ta’sib-by-self. 2. Ta’sib-by-others. 3. Ta’sib-with-others.

Ta'sib-by-self refers to male heirs who are related through direct male lineage, excluding the maternal brother. Their order of kinship is as follows: 1. Filiation: This includes the sons of the deceased and the sons of his son, regardless of how far down the lineage they go. 2. Paternity: This includes the father of the deceased and his paternal male ancestors, regardless of how far up the lineage they go. 3. Brotherhood: This includes the full brothers or paternal half-brothers of the deceased and their descendants, regardless of how far down the lineage they go. 4. Uncleship: This includes the paternal uncles of the deceased, paternal uncles of his father, paternal uncles of his grandfather, regardless of how far up the lineage they go, whether they are full brothers or paternal half-brothers, and the sons of these paternal uncles, whether they are full brothers or paternal half-brothers, regardless of how far down the lineage they go.

Ta’sib-by-others includes: 1. A daughter or – more - along with a son. 2. A daughter of a son or – more - along with a son of a son who is of the same degree or lower if needed for inheritance. 3. A full sister or – more - along with a full brother. 4. A half-sister or – more - along with a half-brother. In such cases, a male shall inherit twice the share of a female.

Ta’sib-with-others includes: the full sister or paternal half-sister (1) one or more, along with the daughter or granddaughter of a son (1) one or more. In this case, the sister shall be treated the same as the brother in terms of entitlement to the remainder of the estate and in excluding other heirs who inherit by ta’sib.

A person inheriting through ta’sib-by-self shall inherit the entire estate if he is the sole heir. If this person shares the inheritance with an heir by fardh, he shall inherit the remaining portion of the estate after the fardh heirs have received their shares. A person inheriting through ta’sib-by-self shall be excluded from inheritance if the entire estate is distributed among the heirs by fardh, including a spouse, uterine brothers, (1) one or - more - full brothers, and a mother or grandmother.

1. In ta’sib, precedence shall be given (1) first to kinship sides according to the order outlined in Article (224) Two hundred and twenty-four of this Law, then the person closest in degree to the deceased when the relation is the same, then the person with the strongest kinship when the degree is equal. 2. Heirs by ta’sib shall share the remaining estate if they belong to the same kinship side, have the same degree, and are equal in closeness. 3. A full sibling has precedence over a half-sibling within the same kinship side.

A person inheriting through ta’sib-by-others or ta’sib-with-others shall inherit the remainder of the estate after the heir by fardh has received their share, if accompanied by an heir by fardh. Such a person shall be excluded from the inheritance if the entire estate is fully consumed by the heirs by fardh.

If the shares of heirs by fardh exceed the estate, their shares shall be adjusted by reducing their respective entitlements proportionally.

1. If the shares of the heirs by fardh do not exhaust the estate, and there are no heirs by ta’sib, the remainder of the estate shall be distributed among the heirs by fardh, excluding the spouses, in proportion to their respective shares. 2. If there are no heirs by fardh, ta’sib, or distant relatives, the remainder of the estate shall go to one of the spouses.

Distant relatives are those who do not inherit through fardh or ta’sib.

Distant kindred have (3) three kinship sides, as follows: 1. The paternal kinship side: This includes all relatives connected to the deceased through the father, and they are as follows: A- A non-inherited grandfather, in accordance with the provision of Paragraph (1) One of Article (212) Two hundred and twelve of this Law. B- A non-inheriting grandmother, in accordance with the provision of Paragraph (1) of Article (214) Two hundred and fourteen of this Law. C- The maternal uncle. D- The aunt. E- The daughter of the paternal uncle. F- The daughter of a brother from a different mother. G- The son of a sister from a different mother. H- The children of the aforementioned relatives. 2. The maternal side: Uterine relatives of the deceased, including the following: A- A non-inheriting grandfather, in accordance with the provision of Paragraph (1) One of Article (212) Two hundred and twelve of this Law. B- A non-inheriting grandmother, in accordance with the provision of Paragraph (1) One of Article (214) Two hundred and fourteen of this Law. C- The uncle. D- The aunt. E- The son of a maternal brother or sister. F- The children of the aforementioned relatives. 3. The filial side: This includes all descendants of the deceased, and they are as follows: A- The son of a daughter. B- The son of a son’s daughter. C- The children of the above-mentioned relatives.

Distant relatives shall inherit in the following cases: 1. If there is no heir by fardh or by ta’sib. 2. If there is a spouse and there is no heir by fardh or by ta’sib with the spouse.

Inheritance for distant kindred shall be treated by assigning each one (1) of them the share of the heir through whom they inherit, either by inheritance or exclusion. There shall be no distinction between the share of a male and the share of a female.

If the distant kindred are from the same line of kinship and some are closer to the deceased, the more distant kindred shall be excluded. If the kindred are from different lines, the more distant kindred shall inherit even in the presence of the closer ones. Article 237 If there is no heir by fardh, no heir by ta’sib, and no heir by distant kinship, the estate or the remaining portion of it shall be treated as property whose owner is unknown.

A missing person's share of the estate shall be preserved based on the assumption of his survival. If he is found to be alive, he shall receive his share. If he is declared dead pursuant to a judicial ruling issued prior to the testator's death, his share shall be redistributed to the heirs entitled to it at the time the judgment is issued.

If a missing person is declared dead pursuant to a judicial ruling and his estate is distributed among the heirs, and he is later found to be alive, the provisions of Paragraph (1) One of Article (168) One hundred and sixty-eight of this Law shall apply.

An unborn child shall be allocated the greater share of the estate, whether it is one male or female, or more, based on a certified medical report that determines the number of fetuses. The remaining heirs shall be given the lesser share. Once the child or children are born, and their status alive or dead, gender, and number are determined, the remainder of the estate shall be distributed among the heirs according to their respective shares.

1. If some of the heirs, who are entitled to inherit, acknowledge the presence of another heir entitled to a share or a person who excludes one of them, and the others deny this or are incompetent, and evidence is provided, the acknowledged person shall inherit their share from the deceased. 2. If the evidence is not proven, the entitlement person shall share with the person who acknowledged such entitlement in his share of the inheritance, if he is an heir.

A person who is not attributed to his father and whose mother is known shall be inherited by his mother and her relatives, and his mother and her relatives shall inherit him. Article 243 1. Relinquishment is an agreement whereby some heirs or legatees relinquish their share of the estate or part thereof in exchange for something known or unknown from another source. 2. Relinquishment must be documented before the competent authority in accordance with the procedures governing such matters.

1. Heirs may agree to relinquish their inheritance - either among themselves or to a legatee - if the estate is known to all those relinquishing their inheritance, or if it is unknown and cannot be determined within a reasonable period of time. The court shall specify this period based on the nature, location, and value of the estate being relinquished. 2. If the estate is unknown but can be determined within a period typically considered reasonable, and the relinquishment occurred before the parties were aware of the estate, those who were unaware may request the revocation of the relinquishment.

1. If one of the heirs relinquishes his share to another heir, the latter shall be entitled to his share and shall take his place in the estate. 2. If one of the heirs relinquishes his share to the others in exchange for compensation from the estate, his share shall be divided among the remaining heirs in proportion to their shares in the estate. 3. If one of the heirs relinquishes his share to the others in exchange for compensation from outside the estate, his share shall be divided among the remaining heirs in proportion to the amount paid by each of them, unless they agree otherwise. If the amount paid by each of the heirs is not known and the method of dividing the share of the person who relinquished his share is not specified in the contract of relinquishment, his share shall be divided among the remaining heirs in proportion to their shares in the estate.

The persons responsible for enforcing the provisions of this Law shall preserve the confidentiality of any information they become aware of in the course of their duties, in a manner that safeguards family privacy and its secrets. Article 247 The Hijri calendar shall be used in calculating the time periods stipulated in this Law.

The provisions of this Law shall apply to all lawsuits for which no final judgments have been rendered prior to its entry into force.

All judgments and decisions issued before the enactment of this Law shall be considered valid in accordance with the provisions in force prior to its enactment.

The Minister of Justice shall prepare the necessary Regulations for this Law; said Regulations shall be issued pursuant to an order by the Prime Minister.

Absent a specific provision in this Law, the provisions of Islamic Sharia that are most consistent with this Law shall apply.

This Law shall enter into force (90) ninety days from the date of its publication, and it shall repeal any provisions conflicting therewith.