Personal Status Law — articles 101–200

1. When estimating the alimony, the extent of wellbeing of the spender, the condition of the person being spent on, and the economic situation at the time and place should be taken into consideration. 2. Alimony may be i…

1. Alimony may be increased or decreased upon the change of circumstances. 2. The court shall determine the increase or decrease of alimony in accordance with the circumstances and conditions and in consideration of the …

The continuous alimony, which is due from the date of filing the case to claim it for the wife, children and parents, is a privileged debt that takes precedence over all other debts, unlike past alimony, which is subject…

1. The husband shall provide maintenance for the wife -even if she is solvent- in accordance with a valid marriage contract, if she allows him to have intercourse with her in reality or if such is deemed by law. 2. The w…

The court may decide, during the hearings of the alimony case, based on the wife’s request, to provide temporary alimony for her and her children from the respondent, and its decision shall be subject to immediate enforc…

1. Maintenance for a woman in a waiting period from a revocable divorce, shall be obligatory 2. Maintenance is obligatory in favor of a pregnant woman who is in her waiting period after an irrevocable divorce until she g…

If the husband divorces his wife, with whom a valid marriage was consummated, by his sole will and without her request or cause, or if the divorce or revocation was due to him, she is entitled to compensation other than …

The wife’s right to alimony is extinguished if she denies herself to her husband, or refrains from moving to the marital home, declines to reside in it, or refuses to travel with her husband, without a legitimate excuse.

The wife shall live with her husband in the appropriate marital house unless she stipulates otherwise in the marriage contract.

1. The husband may have his parents and children from another wife live with his wife in the marital house, if he is responsible for their maintenance, provided that this does not cause harm to the wife. 2. The wife may …

1. The maintenance of a young child who has no money is the responsibility of his father, until the girl marries or works, and until the boy reaches the age at which his peers can earn a living, unless he is a student wh…

1. The maintenance of parents falls upon their solvent child, male or female, adult or underaged if they do not have property to spend from. 2. If the parents’ property is not enough for their maintenance, the solvent ch…

1. Parents' maintenance is distributed among their children in accordance with the solvency of each one of them. 2. If one of the children spends on his/her parents or one of them willingly, he/she has no right to be rei…

If the child’s earnings do not exceed his needs and the needs of his wife and children, he shall include his parents who are entitled to maintenance in his household.

1. The maintenance of each person entitled to it is obligatory upon his/her solvent relatives who inherit from him/her in accordance with their order and their inheritance shares. If the heir is insolvent, it is imposed …

1. A claim to request a child’s maintenance from their father shall not be heard for a previous period that exceeds one year from the date of the judicial claim. 2. Maintenance for relatives, other than children, shall b…

1. Custody is the preservation, upbringing, and care of the child, and looking after his/her interests in a manner that does not contradict the guardian’s right to guardianship. 2. The father, or else other guardians of …

The following conditions shall be available in the custodian: 1. Sanity, and reaching the age of (18) eighteen Gregorian years if the custodian is the mother or father, and reaching the age of majority if the custodian i…

Custody is a right to the child, and is upon both parents as long as the marital relationship between them stands. If they separate, custody shall be to the mother, then to the person who is most entitled to it in the fo…

1. The right to custody is extinguished in the following cases: a. If one of the conditions that shall be met by the custodian is lost. b. If the custodian fails to perform the duties of custody or is unable to perform t…

1. The custodial parent may travel with the child in custody out of the State with the written approval of the other parent or guardian over the person (Wali Al-Nafs) in the event of the father’s death. 2. The court may …

1. Without prejudice to the provisions of Article (116) of this Law, the guardian may keep the passport of the child in custody, except in the case of travel, in which case it shall be handed over to the custodian. 2. Th…

1. If the child in custody is under two years old, and neither parent has requested custody, the mother shall take custody if she exists. Otherwise, the father shall take custody. 2. If the child in custody is more than …

1. The custodian woman is not entitled to a wage if she is the wife of the child in custody’s father, or is in her waiting period during which she is entitled to maintenance from him. 2. The person obligated to pay the m…

If the mother leaves the marital house due to a dispute or otherwise, her right to custody is not extinguished for that reason, unless the interest of the child in custody requires otherwise.

1. If the child is in the custody of one of the parents, the other parent has the right to visit him/her, take him/her with them for visit, and take him/her for sleepover according to their mutual agreement, in the event…

If the child in custody reaches the age of (15) fifteen, he/she is entitled to choose to reside with one of his/her parents, unless the interest of the child in custody requires otherwise.

1. Custody ends when the child reaches the age of (18) eighteen Gregorian years. 2. If the child in custody is lunatic or idiot, or crippled due to illness, custody shall continue with the custodian or the next in line, …

Subject to the provisions of Articles (116) and (117) of this Law, the custodian shall keep the identification documents of the child in custody, provided that he/she does not use them for travel without the permit by th…

1. A minor is either of deficient capacity or incomplete capacity. 2. A non-discerning minor, lunatic, and idiot are of deficient capacity. A fetus, a missing person, or an absent person are also deemed of a deficient ca…

1. The father may appoint a tutor to manage the affairs of a minor, lunatic, idiot or a fetus in the event of the father’s inability or after his death, or the court may appoint him/her for a specific or indefinite perio…

1. The court shall appoint a trustee to manage the property and affairs of an incapacitated prodigal or inadvertent person, provided that he/she meets the conditions required for a tutor in accordance with the provisions…

1. Guardianship over the minor is divided into the following: a. Guardianship over the person (Wilayah Ala AL-Nafs) , which means general supervision over the person of the minor in a manner that does not conflict with t…

1. Guardianship over the minor’s property shall be solely to the father, then to the tutor he names -if he/she exists, then to the paternal grandfather, then to the court. 2. A father or grandfather may not relinquish th…

The guardian or trustee shall meet the following conditions: 1. To be of full legal capacity, trustworthy and able to carry out the requirements of the guardianship or trusteeship entrusted to him/her. 2. To be of the sa…

The father’s guardianship includes his son’s minor children if their father is under guardianship.

1. The father’s guardianship over his minor child’s property shall include the preservation, management and investment thereof. 2. The father’s actions are deemed correct, especially in the following cases: a. Contractin…

Guardianship does not include property that is donated to the minor if so the donor conditions.

It is not permissible to lend or donate the property of a minor, or its benefits. If any of this occurred, it shall be null and void and gives rise to liability and damage.

1. The guardian shall prepare a list of the minor’s property or what accrues to him/her, and shall deposit this inventory to the court in whose jurisdiction his/her residence is located within two months from the beginni…

1. The father’s actions become void if his misconduct is proven, and no interest in the action to the minor exists. 2. The father is deemed financially liable, on his own property, for a serious fault that resulted in ha…

The guardian may not conduct the following with the minor’s property except with the court’s permit: 1. Disposing of the minor’s immovable property by transferring ownership or creating a real right over it, except for a…

The father’s actions are subject to the court’s permit in the following cases: 1. If he buys his child’s property for himself, his wife, or all of his other children. 2. If he sells his property, or the property of his w…

The provisions stipulated for the father’s guardianship shall apply to the grandfather.

The tutor authorized to trade with the minor’s property shall submit to the court a periodic account of his/her actions.

If the father appoints a supervisor to monitor the tutor’s actions, the supervisor shall do what achieves this in accordance with what the minor’s interest requires, and he/she shall be responsible before the court.

Without prejudice to the provisions of applicable federal or local legislation, the Cabinet or the competent local authority may assign the task of investing the minor’s property, its management, care and undertaking the…

The tutor’s actions are subject to the court monitoring, and he/she shall submit periodic accounts to it concerning his/her actions in managing the minor’s property and whomever is in its position.

The tutor may not do the following except with the court’s permit: 1. Disposition of the minor’s property through selling, buying, bartering, partnership, mortgage, or any other kind of dispositions that transfer ownersh…

After reaching the age of majority, the minor has the right to hold the tutor accountable for his/her actions during the period of tutorship.

Guardianship shall be denied, and the tutor shall be terminated by a decision from the competent court in either of the following two cases: 1. If one of the conditions required for the guardian or trustee is not met. 2.…

1. Guardianship and trusteeship shall be without wage, unless the one appointing the tutor specifies a wage for him/her acceptable by custom. 2. The court may, upon the request of the guardian or tutor, decide for him/he…

The tutor shall abide by what is assigned to him/her in the will, except for what is contrary to the law, public order, and morals.

If there are multiple tutors, the order of tutorship shall be, unless the will includes otherwise, as follows: 1. If the father assigns tutorship to several people in one will, they shall share the tutorship, and none of…

The court may, on its own or upon a request of the tutor, add one or more tutors in case of his/her inability or need for assistance, or if this is in the interest of the minor.

1. The effect of tutorship shall be suspended on the tutor’s acceptance, the tutor’s undertaking of his/her duties is deemed an implicit acceptance of the tutorship. 2. Anyone who has an interest may submit to the court …

1. The father is entitled to dismiss the tutor whenever he wishes. 2. The tutor may resign from tutorship whenever he/she wishes during the lifetime of the grantor of tutorship, the tutor shall submit a request to the co…

Guardianship over the person shall obligatorily be denied in the following cases: 1. If one of the conditions required for the guardian is not met. 2. If the Guardian fails to fulfill the duties of guardianship or tutors…

1. A guardian’s power of guardianship over the person may be revoked, in whole or in part, permanently or temporarily, if the person under guardianship becomes exposed to serious danger to his/her safety, health, honour,…

In the cases mentioned in Articles (153) and (154) of this Law, the court may, on its own or at the request of the investigating authority, temporarily entrust the minor to a trustworthy person or to one of the specializ…

Guardianship and tutorship shall end if any of the following cases occur: 1. The minor has reached the age of majority and owns his/her mental abilities. 2. Lifting the interdiction from the interdicted person. 3. Death …

If a minor who has reached the age of majority is of incomplete capacity or is not trustworthy over his/her money, the guardian or tutor appointed by the court shall apply to the court to consider the continuation of gua…

The guardian or tutor appointed by the court, upon completion of his/her mission, shall hand over the minor’s property and all related accounts and documents to the person appointed by the court under its supervision, wi…

1. Without prejudice to the provisions of the legislation in force in the state concerning the regulation of births and deaths, police stations shall inform the Public Prosecution of any death occurring within their juri…

In cases other than those in which guardianship is obligatorily removed, the court may restore guardianship to the guardian over the person which was removed from him/her, partially or completely, based on his/her reques…

The court shall order the suspension of guardianship if the guardian is deemed absent or is imprisoned in execution of a sentence restricting freedom.

1. A ruling to deny guardianship over the person of a minor, shall result in its loss or suspension over property. 2. If the guardianship of the guardian is removed from some of those under his/her guardianship, it shall…

If the court rules that the guardian’s power of guardianship over the person be terminated, limited, or suspended, in this case, guardianship shall be transferred to the next in line if he/she is qualified. If the next i…

The provisions of this Law shall not prejudice the powers granted to federal or local government agencies that have guardianship over the property of minors and those in their position.

The authority responsible for minors’ affairs or any competent official thereof shall be prohibited from purchasing or renting anything of the minor’s property for himself/herself, his/her spouse, or any of their ascenda…

The person under the interdiction has the right himself/herself to file a case to remove the interdiction.

1. The absent is a person whose domicile or place of residence is unknown, and whose financial affairs cannot be managed by himself/herself or by an agent for a period determined by the court, resulting in the disruption…

1. If the absent or missing person has no guardian, the court may appoint a tutor to manage all or part of his/her property. 2. The court-appointed tutor shall make an inventory of the property of the absent or missing p…

1. The loss ends in either of the following two cases: a. If the missing person’s life is confirmed. b. If a court ruling is issued declaring the missing person presumably deceased, the court shall in all cases not rule …

The following results from the issuance of a ruling presuming the missing person dead and then his/her appearance alive: 1. The missing person shall reclaim the existing of his/her in-kind property from the heirs. 2. Tha…

1. A will is a legal disposition contingent on the death of the testator. 2. A Will is valid whether it is absolute or restricted, added or subject to a valid condition.

If the will is accompanied by a condition contradicting the provisions of this Law, public order or morals, the condition is void and the will is valid.

The will is executed from the estate of the testator, within the limits of one-third of the estate, after deducting the expenses of preparing the funeral of the deceased and settling his/her debts.

Every disposition of transferring ownership issued by a sick person on a deathbed is deemed to be a will if it is a donation, and if it is with consideration in which there is favoritism, the extent of favoritism is cons…

Elements of the will are: 1. The form. 2. The testator. 3. The devisee (legatee). 4. The bequest.

1. The will is formed by the word indicating it verbally or in writing, or else in the event of incapability of same, by a comprehensible signal. 2. In the event of denial, a claim for the existence, revocation or amendm…

1. The testator may amend the Will, or fully or partially revoke it, verbally or through an action indicative of the same. 2. If the will is formed by way of documentation before the competent authorities, the testator m…

1. The testator shall be of full legal capacity. 2. A will made by an interdicted person for charitable causes is valid with the permission of the court.

1. If a person dies, even if such death is legally deemed, and has son’s or daughter’s children, and that son or daughter is deceased before him/her or with him/her, these grandchildren are entitled, within the limits of…

1. The multiplicity of wills is not deemed a revocation of the previous will unless the testator expressly declares his/her revocation thereof, and any interested party may prove its revocation. 2. If there are multiple …

The Devisee may be any of the following: 1. A specific living individual or fetus. 2. Limited or unlimited category. 3. Charity causes permissible by Sharia. 4. Mosque or endowment. 5. A legal person permitted by the law…

A will is valid even if there is a difference in persons’ religion, whether they are spouses, relatives, or others.

If the bequeathed is a property that the Devisee cannot own in accordance with the applicable legislation, the court may decide to transfer the devisee’s right to the corresponding price within the limits of the will or …

1. A will may not be made in favor of an heir except in the following two cases: a. If it is approved by other mature heirs, in this case, it shall be enforceable on the share of the ones who consented it. b. If it is re…

The will is binding in accordance with the devisee as follows: 1. If it is for a specific natural person and a limited group, upon its acceptance after the death of the testator, in which case ownership is transferred to…

1. A devisee, who has full legal capacity, may reject the will in whole or in part after the death of the testator. 2. The Minor’s guardian may reject the will in whole or in part with the permission of the court. 3. A l…

1. Acceptance or rejection of a will is not required immediately upon the testator’s death. 2. If the devisee does not express acceptance or rejection, then anyone who has a right to the estate, or the will or its execut…

If execution of the will becomes impossible for any reason, the bequeathed property shall return as an inheritance.

If the will is for an unlimited group, its executor is entitled to estimate its distribution among the devisees. The executor shall take into consideration prioritizing those in need among them without being bound by gen…

If devisees are multiple in one will -or in more than one will- and the share of each one of them is not specified, then the distribution of the will shall be as follows: 1. If the testator bequeaths to specific persons …

The conditions of the bequest shall be as follows: 1. To be owned by the testator if it is specified. 2. To be existent or capable of existing. 3. The bequest shall not contravene the law, public order or morals.

1. The bequest may be in-kind, a benefit, or a valued right, whether in common or specific. 2. If the bequest is in common, it includes all the testator’s property at the time of his/her death, unless the heirs agree oth…

The will is executed if it does not exceed one-third of the estate, if the will exceeds one-third, it shall be as follows: 1. The excess shall be suspended upon the heirs’ approval, in which case, it shall be executed in…

If the will is the benefit of an in-kind property, its deduction from one-third of the estate is calculated as follows: 1. If the will for the benefit is perpetual, absolute, or for the life of the devisee, then it is at…

The bequeathed benefit returns to the owner of the in-kind property, be they an heir or a devisee of the property, in the following cases: 1. If the term of the benefit has expired. 2. If the devisee dies. 3. If the devi…