Personal Status Law — articles 201–260

If the devisee of the benefit or its produce is a legal person or an unlimited group that is not thought to be cut-off, and the will is perpetual or absolute, then it shall take the provisions of an endowment.

If the will is for a common share in the estate, and some of it includes a debt or an absent property, the devisee shall receive his/her share of what is present, and whenever something becomes present, he/she shall rece…

1. If the will is for the same share as a specific heir of the testator’s heirs, the devisee is entitled to the amount of this heir’s share added to the origin of the issue, and the deficiency is imposed on all the heirs…

The will is nullified in the following cases: 1. The testator’s revocation of his/her Will, in words or deed. 2. The death of the specified devisee before the testator, or their simultaneous death, or it is unknown who d…

The estate is the property and financial rights left by the deceased.

The rights pertaining to the estate are lined in the following order: 1. Proper preparation of the deceased’s funeral. 2. Settlement of debts, whether they are due to Allah (God) or to people. 3. Execution of the will wi…

The following conditions shall be met for the entitlement of inheritance: 1. The death of the testator, whether actually or by a court’s order. 2. The life of the heir after the death of his/her testator, actually or pre…

Amongst the impediments to inheritance is the deliberate murder of the testator, whether the murderer was the principal perpetrator, an accomplice, or a causer, provided that the murder is not based on justice or excuse …

The separation between spouses during life bars inheritance from one another, except in the following two cases: 1. If the divorce is revocable, they inherit from each other as long as the woman is in her waiting period.…

1. Inheritance is barred with the difference of religion. 2. Inheritance is barred between the dead if they die at the same time and with no certainty as to who died first.

1. Inheritance is a fixed share (Fard), or agnates (Al-Taa’seeb), or both, or Uterus Relatives (Rahem). 2. The fixed share is a share determined by Sharia to the heir. 3. The agnate is a share not determined by Sharia to…

The inheriting descendant is the one entitled to the inheritance, in whole or in part, and is among the deceased’s descendants. They are the son and his children even if they descend, and the daughter. A descendant throu…

The inheriting ascendant is the one entitled to the inheritance, in whole or in part, and is among the deceased’s parents, they are the father and his father and grandfathers of the father, the mother, and the grandmothe…

Fixed shares are: two-thirds, one-third, one-sixth, one-half, one-quarter, and one-eighth.

Heirs with fixed shares are: the husband, the wife, the father, the mother, the paternal grandfather, even if he ascends, the grandmother, the daughter, the son’s daughter, and so on, through purely male descendants, whe…

The husband inherits “half the estate” if no inheriting descendant of the wife exists and “a quarter of the estate” if an inheriting descendant exists.

1. The wife inherits “a quarter” if no inheriting descendant of the husband exists, and “one-eighth” in case of existence. 2. When wives are multiple, they divide the share of one wife.

1. The father inherits “one-sixth” as a fixed share if there is a male inheriting descendant. 2. The father inherits “one-sixth” as a fixed share, and the rest agnatically when there is a female inheriting descendant wit…

1. The inheriting grandfather is any grandfather who is not related to the deceased by a female. 2. The grandfather inherits in the absence of the father, and the great-grandfather is dropped in the presence of a closer …

1. The mother inherits “one-sixth” in either of the following two cases: a. If the deceased has an inheriting descendant. b. If the deceased has two or more siblings, males or females, from any side they may be, whether …

1. The grandmother does not inherit except from these sources: the mother’s mother, the father’s mother, and the mother of the father’s parents, even if they maternally ascend. The father does not exclude his mother, nor…

1. The daughter inherits “half” if she is one, and “two-thirds” if there are two or more if the deceased has no son. 2. The daughter, if there is one or more, inherits the remainder with the son of the deceased agnatical…

1. The son’s daughter inherits “half” if she is one, and “two-thirds” if they are two son’s daughters or more if the following two conditions are met: a. The deceased does not have a descendant heir above her. b. The dec…

1. The full sister inherits “half” if she is one, and “two-thirds” if there are two or more if the following conditions are met: a. The deceased does not have a male ascendant heir. b. The deceased does not have a descen…

1. Without prejudice to the conditions stipulated in Clause (1) of Article (219) of this Law, a paternal half-sister inherits “half” if she is one, and “two-thirds” if they are two or more, if the deceased does not have …

A maternal half-brother or the maternal half-sister shall inherit “one-sixth” if there is one, and “one-third” if there are two or more, if the following two conditions are met: 1. The deceased does not have a male ascen…

If the deceased has a group of maternal half-siblings, males and females, one-third shall be divided equally among them, without distinction between the male and female share.

Exclusion is depriving a person entitled to inherit from inheritance fully or partially.

1. A person, to whom an impediment precluding from inheritance applies, shall not exclude another. 2. A person, who is excluded from inheritance by way of deprivation or reduction, shall exclude another, if a reason for …

There are three types of agnates: 1. Agnate by person. 2. Agnate by others. 3. Agnate with others.

Agnates by person are men heirs by kinship, except the maternal half-brother. Their lined in order is as follows: 1. Sonship: including the deceased sons, and the son’s sons, even if they descend. 2. Paternity: including…

1. Agnates by others are: a. A daughter or more, with a son. b. A son’s daughter or more, with the son’s son who is in her degree, or lower, in inheritance. c. A full sister or more, with a full brother. d. A paternal ha…

The agnates with others are: a full sister or a paternal half-sister or more, with a daughter or a son’s daughter or more. The sister, in this case, shall be treated as a brother in entitlement to the remainder, and in e…

If the agnate by person is unique, he shall take the entire Estate. If he is with an heir of a fixed share, he shall take the remainder of the estate after fixed shares, and the agnate by person is dropped in considerati…

1. In the case of agnatic heirship, the highest priority is given in accordance with the order mentioned in Article (226) of this Law, then the closest in degree to the deceased when the party is the same, then the one w…

The agnate by others and the agnate with others take the remainder of the estate after the fixed shares if one of them is agnate with an heir by fixed share, and is dropped if the fixed shares exhaust the estate.

If the shares of those entitled to fixed shares in the Estate are in concurrence, then their shares are reduced in proportion to their respective fixed shares.

If fixed shares do not exhaust the entire estate, and there is no agnate, the remainder is returned to those, other than the spouses, who are entitled to fixed shares in proportion to their respective shares.

Uterine relatives are all those who do not inherit by a fixed share or agnatically.

Uterine relatives are 3 parties divided as follows: 1. The paternal side, which includes all those related to the deceased through the father, and they are the following relatives: a. The non-inheriting grandfather in ac…

The uterine relatives inherit in either of the following two cases: 1. If there is no heir by fixed share or agnatically. 2. If one of the spouses exists, with no heir with him/her by fixed share or agnatically.

Inheritance of uterine relatives is by substituting each of them in the position of the heirs from which they stem in terms of inheritance and exclusion, without distinction between the male and female shares.

If the directions of the uterine relatives are equal, and some of them are closer to the deceased, then the most distant one shall be dropped. If the directions are different, the most distant one inherits even if a clos…

The grandfather agnates the full sister or paternal half-sister, and she does not inherit with him by fixed share except in the case of the Akdaria, which is the presence of a husband, mother, grandfather, and full siste…

A full brother inherits by agnatic, except in the Mushtaraka case which is the presence of a husband, mother, or grandmother, several maternal half-brothers, and a full brother or brothers. The husband gets half, one-six…

If there is no heir either by fixed share, by agnatic, or by uterine relationship, the estate shall be governed by the rules of charitable endowments (Awqaf). It shall take place under the supervision of the relevant aut…

1. The missing person’s share of his/her testator’s estate is reserved for him/her, on the assumption that the missing is still alive. If he/she then appears alive, he/she takes it. If he/she is declared dead before the …

The greater of the two shares for a male or a female, or more based on an approved medical report specifying the number of fetuses, shall be reserved for a gestation from its testator’s estate, and the remaining heirs sh…

1. If some of the competent heirs acknowledge a sharer in the inheritance or an excluder of one of them, and the rest of the heirs deny or are incompetent, and proof is established, the inheritance -of the one to whom th…

The person who is not attributed to his/her father, who is denied lineage, and the child who is denied lineage due to an accusation of adultery, inherits from his/her mother and her relatives, and his/her mother and her …

1. The deceased’s acknowledgement of lineage during his lifetime has no effect on the heirs unless the acknowledgement meets the conditions for its validity. 2. If he acknowledges a lineage to someone else and it is not …

1. "Al-Takharuj" is the agreement that some of the heirs or devisees relinquish their share of the estate or part of it in consideration of a known thing thereof or something else. 2. "Al-Takharuj" shall be documented be…

1. The heirs may choose Al-Takharuj with each other or with the devisee if the estate is known to all those who chose Al-Takharuj, or unknown and it is usually impossible to know about it in a short period of time, the c…

1. If one of the heirs chose to go for Al-Takharuj from the estate with another, he/she is entitled to his/her share and replaces him/her in the estate. 2. If one of the heirs chose to execute Al-Takharuj from the estate…

Any fraud over inheritance through sale, gift, will, or other dispositions shall be deemed void.

Without prejudice to any harsher penalty, imprisonment and a fine of not less than (5,000) five thousand dirhams and not more than (100,000) one hundred thousand dirhams or one of these two penalties, shall be the punish…

Without prejudice to any harsher penalty, any custodian who travels with the child under his/her custody without the permit of his/her guardian or the court, or uses a document or a copy thereof belonging to the child in…

Anyone who conceals, squanders, destroys, or fraudulently seizes any of the property of the estate, even if he/she is an heir, shall be punished by imprisonment and a fine of no less than (5,000) five thousand dirhams an…

Imprisonment and a fine of no less than (5,000) five thousand dirhams and no more than (100,000) one hundred thousand dirhams, or one of these two penalties, shall be the punishment of anyone who: 1. Abuses, assaults, ne…

A criminal case may not be filed concerning the acts stipulated in Articles (252), (253), and (254) of this Law except based on a complaint from the person concerned. The criminal case shall expire if the waiver is made …