Federal Decree-Law No. (41) of 2024

Regarding the Issuance of the Personal Status Law

We, Mohammed bin Zayed Al Nahyan,

President of the United Arab Emirates,

Having perused the Constitution,

• Federal Law No. (1) of 1972 Concerning the Ministries’ Competencies and Ministers’ Powers, and its amendments,
• Federal Law No. (28) of 2005 Concerning Personal Status, and its amendments,

And based on the submission of the Minister of Justice, and the approval of the Cabinet,

Hereby issue the following Decree-Law:

Article 1

The Personal Status Law attached to this Federal Decree-Law shall be applied. Its provisions shall apply to all matters addressed in the articles contained therein. If the judge does not find a provision therein, he shall rule in accordance with Islamic Sharia, provided that the most appropriate solutions are chosen as required by the best interests. If the judge does not find a ruling, he shall rule in accordance with custom, provided that it does not contradict the provisions of Islamic Sharia, public order, or public morals.

Article 2

The provisions of the Civil Procedures Law, the Law of Evidence in Civil Transactions, and the Civil Transactions Law shall apply to matters not specifically addressed in the attached Law.

Article 3

1. The Federal Judicial Council and the competent local judicial authorities, each within its jurisdiction, shall issue the following regulations and guides:
   • a. Regulation of Attestations and Notarizations.
   • b. Regulation for the work of the Personal Status Litigation Management and the Competencies of the Supervising Judge.
   • c. Regulation organizing the work of marriage officiants.
   • d. Regulation of Estates and Minors’ Funds.
   • e. Family Guidance Regulation.
   • f. Regulation of Custody Visitation.
   • g. Regulation organizing the work of arbitrators.
   • h. Guide to Regulatory Procedures in Personal Status Matters.
   • i. An indicative guide that regulates the necessary rules for estimating the value of expenses, wages, and the like.
   • j. Any other regulation in application of the provisions of the attached Law.
2. The Cabinet, based on the proposal of the Minister of Justice and after coordination with the concerned federal and local authorities, may assign the implementation and collection of maintenance provisions to one of the government entities or private legal persons, to pay them to those awarded and then collect them from those ordered to pay, according to regulations and procedures issued in this regard. This entity shall have the status of the beneficiary in following up on the collection of maintenance and any resulting fees and taking the necessary procedures for that.
3. The Cabinet, based on the proposal of the Minister of Justice and after coordination with the concerned federal and local authorities, may issue a decision assigning the task of implementing visitation, handing over the child in custody, and implementing judgments, orders, and decisions related to minors’ affairs to any entity qualified to do so, according to regulations and procedures issued in this regard.
4. The regulations and decisions issued in implementation of the provisions of Federal Law No. (28) of 2005 Concerning Personal Status shall remain in effect until the Cabinet, the Federal Judicial Council, and the competent local judicial authorities, each within its jurisdiction, issue the regulations and guides referred to in Clause (1) of this Article.

Article 4

The attached Law shall replace Federal Law No. (28) of 2005 Concerning Personal Status, and any provision that contradicts or conflicts with the provisions of this Decree-Law and the attached Law shall be repealed.

Article 5

This Decree-Law shall be published in the Official Gazette and shall come into force (6) six months after the day following the date of its publication.

Issued by us at the Presidential Palace - Abu Dhabi:

Date: 28/Rabi’ al-Awwal/1446 AH Corresponding to: 1/October/2024 AD

Presidential Court

Mohammed bin Zayed Al Nahyan President of the United Arab Emirates

Personal Status Law

Chapter One - General Provisions

Article 1 - Scope of Application of the Law

1. The provisions of this Law shall apply to citizens of the United Arab Emirates if one or both parties to the relationship are Muslim.
2. The provisions of this Law shall apply to non-Muslim citizens of the United Arab Emirates, unless they have special provisions for their sect and religion or have agreed to apply another law permitted by the legislation in force in the state.
3. The provisions of this Law shall apply to non-citizens unless one of them requests the application of their law or any other law agreed upon for application, as permitted by the legislation in force in the state.
4. The provisions of this Law shall apply to all events that occurred after its entry into force, and shall apply retroactively to divorce certificates, divorce cases, and cases of proving or denying paternity for which a final judgment has not been issued.

Article 2 - Calculation of Periods

The Gregorian calendar shall be used for the periods mentioned in this Law, unless otherwise stated.

Article 3 - Jurisdiction of Courts

1. The state courts shall have jurisdiction to hear personal status cases filed against citizens and foreigners who have a domicile, residence, or place of work in the state.
2. The court in whose jurisdiction the defendant’s domicile, residence, or place of work is located shall have jurisdiction. If there are multiple defendants, jurisdiction shall lie with the court in whose jurisdiction the domicile, residence, or place of work of one of them is located.
3. The court in whose jurisdiction the domicile, residence, or place of work of the plaintiff or defendant or the marital home is located shall have jurisdiction to hear cases filed by children, the wife, parents, or the custodian, as the case may be, in the following matters:
   • a. Expenses, wages, and the like.
   • b. Custody, visitation, and related matters.
   • c. Dowry, trousseau, gifts, and the like.
   • d. Divorce, khul’, release, annulment, and separation of spouses of all kinds.
4. The court in whose jurisdiction the last domicile, residence, or place of work of the deceased in the state is located shall have jurisdiction to prove inheritance, wills, and liquidation of estates. If the deceased did not have a domicile, residence, or place of work in the state, jurisdiction shall lie with the court in whose jurisdiction one of the estate’s assets is located.
5. Local jurisdiction in guardianship matters shall be determined as follows:
   • a. In matters of guardianship by the domicile or residence of the guardian or the minor, and in matters of guardianship by the last domicile or residence of the deceased or the minor.
   • b. In matters of interdiction by the domicile or residence of the person to be interdicted.
   • c. In matters of absence by the last domicile, residence, or place of the absentee.
   • d. If none of those mentioned in paragraphs (a), (b), and (c) have a domicile or residence in the state, jurisdiction shall lie with the court in whose jurisdiction the applicant’s domicile or residence is located, or the court in whose jurisdiction the property of the person requiring protection is located.
   • e. The court that issued a judgment of interdiction or ordered the deprivation or suspension of guardianship shall refer the case to the court in whose jurisdiction the minor’s domicile or residence is located to appoint a supervisor, whether a guardian or trustee.
6. If the defendant does not have a domicile, residence, or place of work in the state, and it is not possible to determine the competent court according to the preceding provisions in the previous paragraphs, jurisdiction shall lie with the court in whose jurisdiction the plaintiff’s domicile, residence, or place of work is located, otherwise jurisdiction shall lie with the court of the capital.

Article 4 - Jurisdiction of Courts in Cases Filed Against a Foreigner Who Does Not Have a Domicile in the State

The state courts shall have jurisdiction to hear personal status cases filed against a foreigner who does not have a domicile, residence, or place of work in the state in the following cases:

1. If the case is an objection to a marriage contract to be concluded in the state.
2. If the case is related to a request for annulment of the marriage contract, its invalidity, divorce, or separation, and the case is filed by a citizen wife or a wife who has lost the nationality of the state, provided that she has a domicile or residence in the state, or is filed by a wife who has a domicile or residence in the state against her husband who had a domicile, residence, or place of work in the state, provided that the husband has abandoned his wife and made his domicile, residence, or place of work abroad, or has been deported from the state, or if he does not have a known residence abroad.
3. If the case is related to a request for maintenance for parents, the wife, or a minor, provided that they have a domicile, residence, or place of work in the state.
4. If the case concerns the paternity of a minor who has a domicile or residence in the state, or is related to a matter of guardianship over person or property, provided that the minor or the person to be interdicted has a domicile or residence in the state, or the absentee had their last domicile, residence, or place of work there.
5. If the case is related to a matter of personal status, and the plaintiff is a citizen or a foreigner who has a domicile, residence, or place of work in the state, provided that the defendant does not have a known domicile or residence abroad, or if the national law is the applicable law in the state.
6. If there are multiple defendants and one of them has a domicile, residence, or place of work in the state.
7. If he has an elected domicile in the state.

Article 5 - Jurisdiction of the Personal Status Judge and the Inheritance Judge

1. The Personal Status Judge shall have jurisdiction to hear all disputes arising from the application of this Law and everything related to marriage, divorce, dowry, withdrawal from engagement, and all personal status matters.

2. Notwithstanding the provisions of Clause (1) of this Article, the Inheritance Judge shall have jurisdiction over the following:

   • a. Issuing a judgment proving death, identifying heirs, identifying, liquidating, and distributing the estate, appointing a guardian for minors and a trustee for the estate, and taking all measures necessary to preserve the estate.
   • b. Hearing all disputes related to the inventory, liquidation of the estate, division of its assets, and their distribution among the heirs, and any civil, real estate, or commercial claim arising from or branching out of the estate related to its ownership, liquidation, or any of its affairs between the heirs and others, and disputes that occur between the heirs, trustees, and those acting in their capacity.
   • c. Any incidental requests related to excluding or including an heir, wills, waqf, or settlement between heirs regarding gifts arising from or related to the estate in an indivisible manner.

3. Some of the jurisdictions mentioned in this Article may be assigned to a competent department or specialized court by a decision of the Federal Judicial Council or the head of the local judicial authority.

Article 6 - Court Permission or Approval

1. In cases where the law requires obtaining court permission or approval, or requires referring the matter to the judge, the application shall be submitted to the court in whose jurisdiction the applicant’s domicile or residence is located, by way of a petition unless the law provides otherwise.

2. The court may conduct the necessary investigation, and it may request what it deems necessary. It must hear evidence and request the necessary documents.

3. Any interested party may object to this order within one week from the day following its issuance if it is in person, and from the day following its notification if it is in lieu of personal appearance. The court shall issue its judgment on the objection by upholding, amending, or canceling it, and this judgment shall be subject to appeal.

Article 7 - Directing the Case in the Event of a Claim for a Person’s Absence

In the event of a claim for a person’s absence, the case shall be directed to the potential heirs of the absentee, their agent or appointed agent, and the Public Prosecution.

Article 8 - Family Guidance and Reform Center

1. The supervising judge, before referring the case to the competent court, may issue a decision to refer the parties to the dispute to the Family Guidance and Reform Center to resolve the dispute amicably if he deems it appropriate. Excluded from referral to the Family Guidance and Reform Center are matters of wills, inheritance, and the like, urgent and temporary cases, urgent and temporary orders regarding maintenance, custody, and guardianship, and cases where reconciliation is not conceivable, such as cases of proving marriage and proving divorce.
2. If reconciliation is reached between the parties before the Family Guidance and Reform Center, this reconciliation shall be recorded in a report signed by the parties, the competent member of the center, and the family counselor. This report shall be approved by the supervising judge and shall have the force of an executory instrument, and it may not be challenged in any way unless it violates the provisions of this Law.

Article 9 - Time Limit for Appealing Judgments

The time limit for appealing judgments issued in personal status matters stipulated in this Law by way of appeal and cassation is (30) thirty days.

Article 10 - Commencement of the Appeal Period

The appeal period for a judgment shall commence from the day following the date of its issuance if it is in person, and from the day following its notification to the person against whom the judgment was issued if it is in lieu of personal appearance.

Chapter Two - Engagement

Article 11 - Definition of Engagement

Engagement is a man’s proposal to marry a woman who is permissible for him and the promise to do so. Engagement is not considered marriage.

Article 12 - Withdrawal from Engagement

Each of the engaged parties has the right to withdraw from the engagement.

Article 13 - Gifts During the Engagement Period

Anything given by the fiancé or fiancée to the other party during the engagement period shall be considered a gift, unless the fiancé proves that what he gave is considered dowry or is customarily considered part of the dowry.

Article 14 - Retrieval of Gifts

1. If both parties or one of them withdraws from the engagement, only the gifts conditional upon the completion of the marriage and valuable gifts exceeding (25,000) twenty-five thousand dirhams each, if they still exist or their equivalent, or their value on the day they were received, shall be returned, unless the gift is of a consumable nature.
2. If the engagement ends due to death or for a reason beyond the control of either party, no gifts shall be returned.

Article 15 - Retrieval of Dowry Paid During the Engagement Period

1. If either the fiancé or fiancée withdraws from concluding the marriage contract or dies before the contract, and the fiancé has given his fiancée money before the contract as part of the dowry, the fiancé or his heirs have the right to reclaim what was given in kind if it still exists, otherwise its equivalent, or its value on the day it was received.
2. If the fiancée purchases a trousseau for the purpose of marriage with the dowry or part of it, according to custom, and the withdrawal is from the fiancé without any reason from her, or the withdrawal is from her due to a reason from the fiancé, she has the option of returning the dowry or handing over what she purchased in its condition, unless there is an agreement to the contrary.
3. If the fiancée purchases for the purpose of marriage with the dowry or part of it, according to custom, and the withdrawal is from her without any reason from the fiancé, the fiancée shall be obligated to return the dowry or its equivalent, or its value on the day it was received.

Chapter Three - Marriage

Article 16 - Definition and Purpose of Marriage

Marriage is a contract concluded in accordance with the provisions of this Law, with its pillars and conditions, between a man and a woman with the intention of a lasting marital relationship between them. It establishes rights and obligations between the spouses, and its purpose is chastity, protection, and the establishment of a stable family nurtured by the spouses with affection and mercy.

Article 17 - Definition of Seclusion

Seclusion is the meeting of the spouses before consummation in a place where each of them is safe from the other without anyone seeing them. Seclusion is established by their agreement on it if they acknowledge it or by the testimony of witnesses.

Article 18 - Pillars of the Marriage Contract

The pillars necessary for the conclusion of the marriage contract are:

1. Offer and acceptance from the spouses.
2. The guardian if the wife is Muslim. This excludes a non-citizen Muslim wife if the law of her nationality does not require her to have a guardian in marriage.

Article 19 - Eligibility for Marriage

1. Eligibility for marriage is complete with sanity and reaching the age of (18) eighteen Gregorian years.
2. It is prohibited to document a marriage contract for anyone who has not reached the age of (18) eighteen Gregorian years, male or female, except with permission from the court and after verifying that there is an interest in this marriage, and that it meets the controls and procedures for marrying those under the age of (18) eighteen Gregorian years, which shall be determined by a Cabinet decision based on a proposal from the Minister of Justice.
3. If someone who has not reached the age of (18) eighteen Gregorian years requests marriage and their guardian refuses to marry them, they may refer the matter to the court. The court shall set a period for the guardian to appear after being notified, during which they shall state their opinion. If they do not appear or appear and their objection is not valid, the court shall marry them.
4. Anyone who marries a valid marriage acquires the capacity to litigate and appoint an agent in all matters related to the marriage and its effects if they are sane, even if they have not reached the age of majority.
5. If the fiancée is a virgin and the age difference between her and the fiancé is more than (30) thirty years, the marriage shall not be concluded except with permission from the court.

Article 20 - Marrying a Prodigal, Insane, or Imbecile Person

1. A male who has reached the age of majority and is prodigal, or has become prodigal, may marry himself. The guardian of the property may object before consummation to what exceeds twice the appropriate dowry. This excludes waiving the financial rights arising from the marriage.

2. The court may authorize the marriage of an insane or imbecile person based on a request from the guardian, after the following conditions are met:

   • a. That this marriage is in the best interest of the insane or imbecile person.
   • b. That the other party accepts marriage to them after being informed of their condition.
   • c. That the guardian submits a certified medical report from a government entity regarding the case of insanity or imbecility, indicating the possibility of its transmission to their offspring.

Article 21 - Order of Guardians in Marriage

The order of guardians in marriage shall be as follows:

1. The father, then the person he designates, then the paternal grandfather, however high, then the son, then the full brother, then whomever the woman chooses from: the grandson, however low, then the paternal half-brother, then the son of the full brother, then the son of the paternal half-brother, however low, then the paternal uncle, then the paternal half-uncle, or whomever the court appoints from them, or the judge himself.
2. If the guardians are equal in degree, the one chosen by the woman from among them shall take precedence. If she does not choose, any of them may conclude the marriage contract.
3. If the woman’s guardian is unable to attend or be notified, the court shall transfer the guardianship of marriage to the next guardian, based on a request from the woman or any interested party.
4. It is prohibited to marry a daughter without her consent. In all cases, the marriage contract must include proof of consent.

Article 22 - Marrying Someone Who Has No Guardian

The judge is the guardian of someone who has no guardian, and he may not marry himself to someone over whom he has guardianship.

Article 23 - Conditions of the Guardian in Marriage

The guardian in marriage must be a sane, adult male who has reached the age of majority. If any of the conditions of guardianship are missing, the next guardian shall perform the marriage.

Article 24 - Preventing the Woman’s Guardian from Marrying Her

If the guardian, even if it is the father, prevents the woman over whom he has guardianship from marrying a compatible person whom she approves of with an appropriate dowry, the court shall marry the woman upon her request or the request of an interested party. The court may transfer her guardianship to any of the guardians for an interest it deems appropriate, or authorize whomever it deems appropriate to conclude the contract.

Article 25 - Conditions of Offer and Acceptance

The following conditions are required for offer and acceptance:

1. That they are explicitly compatible with words that indicate the meaning of marriage linguistically and customarily.
2. That they are combined in one session in reality. It is valid for them to be combined in one session by ruling, according to what is stipulated in the legislation in force in this regard.
3. That they are unconditional, not contingent upon a condition, not deferred to the future, and not indicative of a time limit.

Article 26 - Conditions for the Validity of the Marriage Contract

The following conditions are required for the validity of the marriage contract:

1. Identification of the spouses.
2. That the woman is not permanently or temporarily forbidden to the man.
3. The wife’s consent.
4. Offer from the guardian if the wife is Muslim and acceptance from the other party. This excludes a non-citizen Muslim wife if the law of her nationality does not require her to have a guardian in marriage.
5. Testimony of two witnesses.

Article 27 - Conditions of the Witness in Marriage

The witness must be a sane, adult male who has reached the age of majority, has heard the offer and acceptance and understood their meaning, and is Muslim when the husband is Muslim.

Article 28 - Prohibitions Due to Kinship

1. Marriage is permanently prohibited due to kinship by descent from:
   • a. Ascendants, however high.
   • b. Descendants, however low.
   • c. Descendants of parents, however low.
   • d. The first degree of descendants of grandfathers or grandmothers.
2. It is prohibited for a person to marry their descendants from adultery, however low.

Article 29 - Prohibitions Due to Affinity

1. Marriage is permanently prohibited due to affinity for a man from:

   • a. Ascendants of his wife, however high.
   • b. Descendants of his wife whom he has consummated with, however low.
   • c. Anyone who was the wife of one of his ascendants, however high, or the wife of one of his descendants, however low.

2. Consummation in an invalid marriage entails what is entailed by prohibition due to affinity in a valid marriage.

Article 30 - Prohibitions Due to Li’an

1. It is permanently prohibited for a man to marry a woman whom he has accused before the court, even if he recants.

2. It is prohibited for a person to marry their daughter disowned by li’an.

Article 31 - Prohibitions Due to Breastfeeding

What is prohibited by breastfeeding is what is prohibited by descent, if the following conditions are met:

1. That breastfeeding occurs in the first two years of the child’s life.
2. That the number of breastfeeding instances reaches (5) five certain, separate instances, even if the time between them is close.
3. Breastfeeding is proven in the following order: acknowledgment by the wet nurse, or testimony of her husband or descendants, or two women close to her.

Article 32 - Cases of Temporary Prohibition from Marriage

Marriage is temporarily prohibited in the following cases:

1. A man’s marriage to another man’s wife.
2. A man’s marriage to a woman in her waiting period from another man.
3. A man’s marriage to a woman irrevocably divorced from him by three pronouncements, unless her waiting period from another husband whom she has consummated with in a valid marriage has ended.
4. Combining more than four wives, even if one of them is in a revocable waiting period.
5. Combining two sisters or a woman and her paternal or maternal aunt. The ruling of combining applies if one of them is in her waiting period from him, even if the divorce is irrevocable.
6. A Muslim man’s marriage to a non-Christian woman.
7. A Muslim woman’s marriage to a non-Muslim man.

Article 33 - Controls on Stipulations in the Marriage Contract

1. The spouses are bound by their stipulations, except for a stipulation that makes lawful what is unlawful or makes unlawful what is lawful.
2. If a stipulation is made in the marriage contract that contradicts its basis, the contract is invalid.
3. If a stipulation is made in the marriage contract that does not contradict its basis but contradicts its implications or is religiously forbidden, the stipulation is invalid and the contract is valid.
4. If a stipulation is made in the marriage contract that does not contradict its basis or implications and is not religiously forbidden, the stipulation is valid and must be fulfilled. If one of the spouses violates what the other stipulated, the stipulator may request the annulment of the marriage contract unless they explicitly or implicitly waive their right. Implicit consent is considered to be the passage of one year after knowledge of the violation. The right to annulment is also waived by irrevocable divorce.
5. If the non-fulfillment is from the husband, the annulment shall be without compensation. If it is from the wife, it shall be with compensation not exceeding the dowry.
6. The stipulation shall not be considered a basis for the option of annulling the marriage contract unless the stipulation is stated in writing in the marriage contract document or acknowledged by the spouses.
7. In case of denial, no stipulation shall be considered unless it is stated in writing in the documented marriage contract.

Article 34 - Conclusion of the Marriage Contract

The marriage contract is concluded by offer and acceptance between the parties to the contract with explicit words of marriage, in writing in case of inability to speak, and by understandable gestures in case of inability to speak and write.

Article 35 - Types of Marriage Contracts

There are two types of marriage contracts:

1. Valid marriage contract.
2. Invalid marriage contract, which includes the following:
   • a. Void marriage contract, in which one or more of the pillars of the marriage contract are missing.
   • b. Irregular marriage contract, in which one or more of the conditions for the validity of the contract are missing.

Article 36 - Valid Marriage Contract

A marriage contract is valid if its pillars and conditions are met, and its effects are established from the time of its conclusion.

Article 37 - Invalid Marriage Contract

A marriage contract is invalid if one of its pillars, one of the conditions for its validity, or a stipulation that contradicts its basis is missing.

Article 38 - Effects of a Void Marriage Contract

1. A void marriage does not establish any effect before consummation.
2. A void marriage after consummation establishes the waiting period and proof of paternity.

Article 39 - Effects of an Irregular Marriage Contract

1. The court shall annul an irregular marriage contract, and it does not establish any effect before consummation except for divorce if the husband pronounces it, which is considered irrevocable with a minor separation.
2. An irregular marriage after consummation establishes the following:
   • a. The woman’s entitlement to the specified dowry or the appropriate dowry if the dowry was not specified.
   • b. Proof of paternity.
   • c. Obligation of the waiting period.
   • d. Prohibition of affinity.
   • e. The woman’s entitlement to maintenance unless she was aware of the invalidity of the contract.

Article 40 - Rectification of a Void or Irregular Marriage Contract

Spouses in an irregular or void marriage may conclude a new marriage contract that fulfills the pillars and conditions without the need for a court judgment to annul the previous irregular or void contract, taking into account the procedures regulating the documentation of marriage contracts.

Article 41 - Documentation of the Marriage Contract

1. The marriage contract must be documented in court in accordance with the applicable legislation.
2. Any interested party may request proof of an undocumented marriage contract.
3. The marriage contract requires fulfilling the requirements and submitting the documents and medical reports specified by the applicable legislation in this regard.

Article 42 - Compatibility

1. The husband must be compatible with the woman at the time of the conclusion of the marriage contract, and the loss of compatibility after that does not affect the contract. Compatibility is a right for both the woman and her fully competent guardian.
2. Compatibility is based on the husband’s religious suitability, and custom is considered in determining compatibility in matters other than religion.
3. The more distant guardians do not have the right to object to incompatibility unless the closer guardian is absent or lacks capacity.

Article 43 - Right of the Wife and Her Guardian to Request Annulment of the Contract Due to Incompatibility

If the man claims compatibility or fabricates what suggests it, or if compatibility is stipulated in the contract, and then it appears after that that he is not compatible, both the wife and her guardian have the right to request annulment. If the guardian refuses, the wife may refer the matter to the court.

Article 44 - Lapse of the Wife’s Right to Request Annulment Due to Incompatibility

The right to request annulment due to incompatibility lapses if the wife becomes pregnant or one year passes from the date of consummation, or due to prior consent from the person entitled to request annulment.

Article 45 - Dowry

1. Dowry is the money paid by the man to the woman under the marriage contract, and its determination is subject to the Dowry Determination Law.
2. The dowry belongs to the woman. She shall not be forced to dispose of it in any way, and any condition to the contrary shall not be considered.

Article 46 - Deferment of Dowry

1. It is permissible to agree in the marriage contract to defer all or part of the dowry.
2. If the contract does not stipulate the deferment of the dowry and does not specify a specific time for its payment, it shall be paid upon request.
3. If the contract stipulates the deferment of the dowry and mentions a known term, the dowry becomes due upon the expiry of the term. If an unknown term is mentioned, it becomes immediately due.
4. If the dowry is contingent upon a condition, it becomes due upon its occurrence, irrevocable separation, or the death of one of the spouses.
5. In all cases, the dowry becomes due upon irrevocable separation or the death of one of the spouses.

Article 47 - Obligation, Confirmation, and Entitlement to Dowry

1. Except for a void marriage contract, the dowry is obligatory under the marriage contract.
2. The full specified dowry or the appropriate dowry is confirmed by consummation, valid seclusion, or the death of one of the spouses.
3. A woman divorced before consummation is entitled to half of the dowry if the dowry is specified, otherwise she is entitled to no more than half of the appropriate dowry.

Article 48 - Appropriate Dowry

A woman is entitled to the appropriate dowry in the following cases:

1. Silence regarding specifying the dowry.
2. Denial of the dowry in the marriage contract.
3. Failure to specify the dowry in the contract correctly.

Article 49 - Spousal Rights

Each of the spouses must observe the following:

1. Good treatment between them in accordance with custom, and mutual respect in a manner that leads to affection and mercy between them.
2. Not harming the other party materially or morally.
3. Not refraining from marital relations or procreation except with the consent of the other party.
4. Residing in the marital home unless otherwise stipulated in the contract. The court shall consider the best interest of the family in case of disagreement between the spouses.
5. Preserving the family’s interest, caring for the children, and raising them well.
6. The husband shall provide maintenance in accordance with custom, and be just between his wives in treatment, division, and obligatory maintenance.
7. The wife shall obey in accordance with custom, and breastfeed their children unless there is a legitimate impediment preventing her from doing so.

Article 50 - Wife’s Right to Refrain from Consummation and Moving to the Marital Home

1. The wife has the right to refrain from consummation and moving to the marital home until she receives her immediate dowry and the husband prepares a suitable residence according to his financial capacity.
2. If the wife agrees to consummation before receiving her immediate dowry, it remains a debt owed to her by the husband, which she may claim at any time she wishes. She does not have the right to refrain after that if he prepares a suitable residence for her.

Article 51 - Wife’s Funds and Financial Liability

1. Each of the spouses has a separate financial liability from the other, and the wife is free to dispose of her funds. The husband may not dispose of her funds without her consent.
2. If one of the spouses participates with the other in developing property, building a house, or the like, they have the right to recourse against the other party or the heirs for their share in it.

Chapter Four - Separation of Spouses

Article 52 - Cases of Separation of Spouses

Separation between spouses occurs in any of the following cases:

1. Divorce.
2. Judicial separation.
3. Khul’.
4. Annulment of the marriage contract.
5. Death of one of the spouses.

Article 53 - Definition of Divorce

Divorce is the dissolution of the marriage contract by the will of the husband with words indicating it. There are two types of words:

1. Explicit, which is the word “divorce” or its derivatives.
2. Implicit, which is a word that could mean divorce or something else if the husband intends divorce by it.

Article 54 - Occurrence of Divorce from the Husband

1. Divorce occurs from the husband by speech or writing by any means, and in case of inability to do so, by understandable gestures.
2. Divorce does not occur against the wife unless she is in a valid marriage.

Article 55 - Husband Authorizing Another Person to Divorce

1. It is valid for the husband or wife, if she has the right to divorce herself, to authorize another person, male or female, to divorce by a documented special power of attorney.

2. The principal’s statement of revoking the documented power of attorney after the agent pronounces the divorce shall not be accepted, unless the husband or wife documents their revocation before the occurrence of the divorce or proves that the agent was aware of their revocation of the power of attorney before the occurrence of the divorce.

Article 56 - Cases in Which Divorce Does Not Occur

Divorce does not occur in the following cases:

1. If the wife is in a waiting period from divorce or an invalid marriage.
2. Divorce from an insane person or someone whose sanity has been lost, even voluntarily, during a prohibited period.
3. Divorce under duress.
4. Divorce from someone whose anger has intensified to the point of preventing them from controlling their words.
5. Divorce deferred to the future.
6. Divorce contingent upon doing or not doing something, or upon the occurrence or non-occurrence of something, unless the intention to divorce is actually proven.
7. Divorce by breaking an oath of divorce or prohibition, unless the intention to divorce is actually proven.

Article 57 - Repeated Divorce

Repeated divorce or divorce associated with a number, whether verbally, in writing, or by gesture, shall only be considered one divorce.

Article 58 - Documentation of Divorce

1. The husband must document the divorce before the competent court within a maximum period of (15) fifteen days from the date of its occurrence. This does not prejudice the wife’s right to file a lawsuit to prove the divorce.
2. If the husband does not document the divorce within the specified period without an excuse acceptable to the court, the court has the right to compensation equivalent to the maintenance from the date of the divorce to the date of its documentation.

Article 59 - Types of Divorce

There are two types of divorce:

1. Revocable divorce, which does not terminate the marriage contract until the end of the waiting period.
2. Irrevocable divorce, which terminates the marriage contract upon its occurrence, and is divided into two types:
   • a. Irrevocable divorce with a minor separation: If the divorce occurs for the first or second time and the divorcer does not take back his divorcee during the waiting period, the divorcee is not lawful for the divorcer except with a new contract and dowry.
   • b. Irrevocable divorce with a major separation is the divorce that completes three divorces, and the divorcee is not lawful for the divorcer except after the end of her waiting period from another husband whom she has consummated with in a valid marriage.

Article 60 - Revocable Divorce

Every divorce in a valid marriage is considered a revocable divorce except:

1. The divorce that completes three divorces, by which the woman becomes irrevocably separated with a major separation.
2. Divorce before consummation or seclusion, by which the woman becomes irrevocably separated with a minor separation.

Article 61 - Taking Back (Ruju’)

If the husband divorces his wife with a revocable divorce, he has the right to take her back as long as she is in the waiting period, and this right is not waived by relinquishing it.

Article 62 - What is Valid for Taking Back

1. Taking back is valid by action or explicit words, spoken or written, and in case of inability to do so, by understandable gestures.
2. Taking back is only valid if it is unconditional. It may not be contingent upon a condition or deferred to the future.

Article 63 - Wife’s Statement in a Divorce or Taking Back Case

1. The wife’s statement in a divorce or taking back case shall not be accepted except with evidence.
2. The wife’s statement regarding the end of the waiting period before taking back is accepted if the period is usually sufficient for the waiting period to end.

Article 64 - Documentation of Taking Back

1. In a revocable divorce, the husband must document the taking back before the competent court within a maximum period of (15) fifteen days from the date of taking back if he has documented the divorce, and he must inform the wife of the taking back upon its occurrence, even if the divorce was not documented.
2. If the husband does not document the taking back within the specified period and the woman is not aware of it and then marries another man, the taking back is not valid.

Article 65 - Definition of Khul’

Khul’ is a separation between the spouses at the request of the wife and the husband’s consent to the compensation she pays or someone else pays on her behalf. Khul’ results in one irrevocable divorce with a minor separation.

Article 66 - Compensation for Khul’

1. Anything that can be considered money is valid as compensation in khul’.
2. If the compensation for khul’ is the dowry, only what was received of the dowry shall be returned, and the remainder shall be waived, even if it is deferred.
3. It is not permissible to agree that the compensation for khul’ be the waiving of any of the children’s rights, their maintenance, or their custody.
4. If the husband refuses to accept the compensation for khul’ out of intransigence, the court shall rule for khul’ in exchange for appropriate compensation that it determines.

Article 67 - Capacity in Khul’

Khul’ is valid from the spouses with full capacity, and the compensation in khul’ is valid with the capacity of the person providing the compensation.

Article 68 - Documentation of Khul’

The spouses must document the khul’ according to the applicable procedures before the competent court within a maximum period of (15) fifteen days, and any interested party may apply to the court to prove it by any means of proof.

Article 69 - Court Annulment of the Marriage Contract Due to Illness or Harmful Condition

1. If one of the spouses finds in the other a chronic or harmful illness or condition, such as insanity, vitiligo, leprosy, or one that prevents sexual enjoyment, such as impotence, concealed penis, and the like, they may request the annulment of the marriage, whether that condition existed before the contract or occurred after it.
2. The right to annulment lapses if the illness or condition was known before the contract or accepted after it explicitly or implicitly, provided that the wife’s right to request annulment due to illness or condition preventing sexual enjoyment does not lapse under any circumstances.
3. If the harmful illness or condition is incurable, the court shall annul the marriage contract without the need for a waiting period. If its disappearance is possible, the court shall postpone the case for a suitable period not exceeding one year. If the illness or condition does not disappear during that period and the applicant insists on annulment, the court shall annul the marriage contract.
4. The court may seek the assistance of experts in identifying the illness or condition, assessing it, and determining the possibility of its treatment.

Article 70 - Effects of Annulment of the Marriage Contract Due to Illness or Harmful Condition

If the marriage contract is annulled due to illness or harmful condition in one of the spouses, the court shall decide the following:

1. If the illness or condition was in the wife before the contract and the annulment is after consummation or seclusion, the wife is entitled to the dowry, and the husband may reclaim the dowry from whoever deceived him.
2. If the occurrence of the illness or condition in either of the spouses was before the contract and the annulment is before consummation or seclusion, the husband shall recover what he paid of the dowry, and the remainder shall be waived, even if it is deferred.
3. If the occurrence of the illness or condition was in the husband before the contract and the annulment is after consummation or seclusion, the wife is entitled to the dowry.
4. If the husband was aware of the defect in the wife before the contract, and then requested annulment for the same defect before consummation and seclusion, she is entitled to half of the specified dowry or half of the appropriate dowry if the dowry was not specified.
5. If the wife was aware of the defect in the husband before the contract, and then requested annulment for the same defect after consummation or seclusion, she must return half of the specified dowry or half of the appropriate dowry if the dowry was not specified.

Article 71 - Annulment of the Marriage Contract Due to Harm

Each of the spouses has the right to request separation due to harm that makes it impossible for the marriage to continue in accordance with custom between them. The court may rule for separation if the harm is proven and reconciliation is impossible.

Article 72 - Appointment of Arbitrators

If the harm is not proven, the court shall rule to dismiss the case. If the discord between the spouses continues, the harmed party may file a new lawsuit after the judgment becomes final or (6) six months from the issuance of the initial judgment, whichever is later, unless new harm occurs that necessitates annulment or new circumstances and facts arise that the court assesses. If reconciliation between them is impossible, each of the spouses shall choose an arbitrator from their family within the period specified by the court. Otherwise, the court shall appoint two arbitrators from their families if possible, otherwise from outside their families from among those expected to be able to reconcile. They shall be given an arbitration period not exceeding (60) sixty days from the date of their appointment.

Article 73 - Arbitrators’ Investigation of the Reasons for Discord

The arbitrators shall listen to the spouses, investigate the reasons for discord, and make efforts to reconcile them. The refusal of either spouse to deal with the arbitrators shall not affect the arbitrators’ work.

Article 74 - Arbitrators’ Report

If the arbitrators are unable to reconcile the spouses, they shall decide what they deem appropriate regarding separation with or without compensation. The court shall determine the compensation in light of the factors that led to it and the role of each spouse in it. In all cases, the compensation paid by the woman shall not exceed the dowry documented in the marriage contract. The arbitrators shall submit a report to the court including everything they have done to reconcile the spouses, and the opinion they have reached, stating the reasons on which it is based.

Article 75 - Annulment of the Marriage Contract Before Consummation or Seclusion

1. The court shall rule to annul the marriage contract whenever the wife requests its annulment before consummation or seclusion, the husband refuses to divorce or reconcile with her, she returns what she received of the dowry, and reconciliation between them is impossible, without the need to investigate the reasons for the harm and its proof.
2. If the wife’s request to annul the marriage contract before consummation or seclusion is due to a reason attributable to her, she shall be obligated to return the dowry, as well as what the husband spent at her request for the purpose of marriage, whenever the husband requests that.

Article 76 - Annulment of the Marriage Contract Due to Non-Payment of Immediate Dowry

1. A non-consummated wife shall be granted annulment of the marriage contract due to the husband’s non-payment of her immediate dowry if the period specified by the court for payment of her immediate dowry expires and he does not pay it, provided that the period does not exceed (30) thirty days from the date the court orders him to pay.
2. After consummation, the wife shall not be granted annulment of the marriage contract due to non-payment of her immediate dowry, and it remains a debt owed to her by the husband, and the immediate dowry shall be ruled upon her request.

Article 77 - Separation Due to Non-Maintenance of the Wife

1. If the husband refrains from maintaining his wife or it is impossible to collect maintenance from him, the court shall grant him a period not exceeding (30) thirty days. If he refrains from payment without providing an acceptable excuse, the court shall divorce him.
2. If the husband claims inability to pay the obligatory maintenance for his wife and proves it, the judge shall grant him a period not exceeding (90) ninety days. If he refrains from payment after the expiry of the period, the judge shall divorce him. In all cases, the divorce in this case shall be irrevocable with a minor separation.
3. If the lawsuit for non-maintenance is filed more than twice and the court finds in each of them that there was no maintenance and the wife requests separation due to non-maintenance, the judge shall divorce her irrevocably.

Article 78 - Ruling for Separation Due to Abandonment

The court shall annul the marriage contract based on the wife’s request in the following two cases:

1. If the husband swears not to have relations with her for a period exceeding (4) four months, unless he retracts his oath before the expiry of the four months.
2. If the husband refrains from having relations with her for a period exceeding (6) six months without a legitimate excuse.

Article 79 - Ruling for Separation Due to Absence, Loss, or Imprisonment

1. The wife has the right to request separation due to the absence of her husband whose domicile or residence is known if he is absent from her for a period of no less than (6) six months, even if he has money from which maintenance can be collected, unless the absence is due to work. She shall not be granted this unless he is notified either to reside with his wife, move her to him, or divorce her, provided that he is given a period not exceeding (180) one hundred and eighty days from the date of notification.
2. The wife of a missing person whose domicile or residence is unknown has the right to request separation. She shall not be granted this unless an investigation and search for him is conducted and one year passes from the date of filing the lawsuit.
3. The wife of a prisoner sentenced to a final custodial sentence of (3) three years or more may request from the court, after one year of his imprisonment, to divorce him irrevocably, even if he has money from which she can spend. It is a condition for granting the wife annulment of the marriage contract that the husband does not leave prison during the consideration of the case or that the remaining period of his imprisonment is not less than (6) six months.

Article 80 - Separation Due to Addiction to Drugs, Psychotropic Substances, or Alcohol

Either spouse has the right to request separation due to harm in the event of the husband’s addiction to drugs, psychotropic substances, or alcohol.

Chapter Five - Waiting Period (‘Iddah)

Article 81 - Definition of the Waiting Period

The waiting period is the specified period during which a woman may not marry due to separation.

Article 82 - Cases in Which the Waiting Period is Obligatory

Subject to Articles (38) and (39) of this Law, the waiting period is obligatory in the case of death in a valid marriage contract, even before consummation. It is also obligatory if separation occurs in a case other than death by seclusion or consummation in a valid marriage contract.

Article 83 - Calculation of the Waiting Period

1. The waiting period is calculated as follows:
   • a. The waiting period for death begins from the date of death.
   • b. The waiting period for divorce begins from the date the judgment becomes final in cases of separation by court judgment in cases of separation, annulment of the marriage contract, or a ruling of its invalidity, or from the date of its proof before the court by evidence or acknowledgment. The divorce shall be attributed to the date of acknowledgment unless the court establishes an earlier date.
2. The woman may not marry in the aforementioned cases until after the end of the waiting period.

Article 84 - Waiting Period for a Non-Pregnant Divorcee

The waiting period for a non-pregnant divorcee shall be as follows:

1. (3) Three menstrual cycles for those who menstruate and have purity.
2. (3) Three lunar months for those whose menstruation has ceased and those with prolonged bleeding, and (3) three lunar months for those who have not menstruated at all. If she menstruates before its expiry, the woman shall begin the waiting period with purity.

Article 85 - Waiting Period for a Pregnant Woman

The waiting period for a pregnant woman ends with the delivery or miscarriage of her pregnancy.

Article 86 - Waiting Period for a Non-Pregnant Widow

The waiting period for a non-pregnant widow shall be as follows:

1. Before consummation or after it is (4) four months and (10) ten days by lunar months.
2. If the woman is in the waiting period from a revocable divorce, she shall transition to the waiting period for death, and the elapsed time shall not be counted.
3. If the woman is in the waiting period from khul’, annulment, or irrevocable divorce, she shall complete her waiting period and does not have a waiting period for death, unless the divorce was during a terminal illness and without her request, in which case she shall observe the longer of the two waiting periods.
4. A woman consummated with by an invalid contract or under the presumption of marriage shall observe the waiting period for divorce if the man dies.
5. In all cases, if one of the spouses dies during the consideration of the appeal or challenge before the higher courts, the waiting period shall be calculated from the date of issuance of the appealed judgment.

Chapter Six - Paternity (Nasab)

Article 87 - Methods of Proving Paternity

1. The paternity of a child is established to their father by birth in a marriage contract, by acknowledgment, by evidence, or by scientific methods.
2. The paternity of a child is established to their mother by proof of birth.

Article 88 - Proving Paternity During the Existence of a Marriage Contract

1. The minimum duration of pregnancy is (180) one hundred and eighty days and the maximum is (365) three hundred and sixty-five days, unless a medical committee formed for this purpose decides otherwise.
2. The paternity of a child is established to their father if they are born during the existence of a marriage contract after the expiry of the minimum duration of pregnancy, or after its termination before the expiry of the maximum duration of pregnancy, unless it is proven that there was no possibility of intercourse between the spouses.

Article 89 - Conditions for Establishing Paternity by Acknowledgment

1. For paternity to be established by acknowledgment of parentage, even in a terminal illness, the following conditions must be met:

   • a. That the acknowledger is an adult, sane, and acting of their own free will.
   • b. That the child is of unknown parentage.
   • c. That the person to whom the acknowledgment is made believes it if they are an adult and sane.
   • d. That the age difference between the acknowledger and the child makes the acknowledgment believable.

2. The court may request a DNA test whenever it deems it appropriate.

Article 90 - Establishing Paternity by DNA Testing

In exceptional cases, or in the event of mixed-up newborns in hospitals, accidents, or disasters, or in the event of a dispute over proving the paternity of a child, or at the request of a competent authority, the court may order a DNA test in accordance with the applicable legislation. The court shall rule based on the test results after verifying the following:

1. That the child is of unknown parentage.
2. That the age difference makes it possible to attribute the child.

Article 91 - Establishing Paternity by the Wife’s Acknowledgment

If the acknowledger is a married or waiting woman, the paternity of the child is not established from her husband unless he acknowledges it under the conditions mentioned in Article (89) of this Law, or evidence is presented that the birth was in a valid, irregular, or void marriage contract.

Article 92 - Inadmissibility of Hearing a Case to Deny Paternity

If paternity is established in accordance with the provisions of Articles (87), (89), (90), and (91) of this Law, a case to deny it shall not be heard.

Article 93 - Denial of the Child’s Paternity by Li’an

The husband may not deny the paternity of a child except by li’an, if the following two conditions are met:

1. That he files the lawsuit within (15) fifteen days from the date he learns of the birth.
2. That the denial is not preceded by an acknowledgment of paternity, explicitly or implicitly.

Article 94 - Consideration of the Li’an Case

1. If a li’an case is filed to deny the paternity of a child, the court shall consider it after conducting a DNA test based on a court order, if the woman agrees to it.
2. If the woman does not agree to the DNA test, the court shall continue to consider the li’an case without it.
3. Li’an to deny the paternity of a child shall be before the court according to the legally prescribed formula. If the man takes the oaths of li’an and the woman refuses to take them, the court shall rule without her oaths.
4. Li’an results in the denial of the child’s paternity. The child’s paternity is established, even after the ruling to deny it, if the man recants, and he may not deny it after that.

Chapter Seven - Maintenance (Nafaqa)

Article 95 - Definition of Maintenance

Maintenance is a right for its beneficiary, and includes necessities and basic needs of food, clothing, housing, treatment, and education according to custom.

Article 96 - Assessment of Maintenance

1. In assessing maintenance, the financial capacity of the provider, the condition of the recipient, and the economic situation in terms of time and place shall be considered.
2. Maintenance may be in cash.
3. Granting access to money in kind or benefit shall replace maintenance.

Article 97 - Increase and Decrease of Maintenance

1. Maintenance may be increased or decreased according to changing circumstances.
2. The court shall determine the increase or decrease of maintenance according to the circumstances and conditions, taking into account the following:
   • a. In case of increase, the judgment shall not have retroactive effect for more than (6) six months.
   • b. In case of decrease, the judgment shall not have retroactive effect, and shall be calculated from the date of issuance of the judgment unless the judgment specifies another date.
3. A lawsuit for increase or decrease shall not be heard before one year has passed from the date the maintenance judgment becomes final, except in exceptional circumstances assessed by the court.

Article 98 - Ongoing Maintenance

Ongoing maintenance, which is due from the date of filing the lawsuit to claim it, for the wife, children, and parents, is considered a preferential debt that takes precedence over all other debts, unlike past maintenance, which is subject to the ruling of other debts.

Article 99 - Spousal Maintenance

1. Maintenance is obligatory for the wife from her husband, even if she is wealthy, under a valid marriage contract if she makes herself available to him in reality or by ruling.
2. The wife’s right to maintenance is not waived except by payment or release.
3. A lawsuit for the wife’s maintenance shall not be heard for a period exceeding two years from the date of filing the lawsuit.

Article 100 - Temporary Maintenance

During the consideration of a maintenance case, the court may, upon the wife’s request, order temporary maintenance for her and her children from the defendant, and its decision shall be subject to immediate enforcement by force of law.

Article 101 - Maintenance and Housing of the Woman in Waiting Period

1. Maintenance is obligatory for a woman in waiting period from a revocable divorce.
2. Maintenance is obligatory for a pregnant woman in waiting period from an irrevocable divorce until she delivers her pregnancy.
3. Maintenance is not obligatory for a non-pregnant woman in waiting period from an irrevocable divorce.
4. There is no maintenance for a woman in waiting period from khul’ or death.
5. If a widow is pregnant, her maintenance is obligatory from the estate of the pregnancy until she delivers. If there is no estate, the maintenance is obligatory on the heir of the pregnancy.

In all cases stipulated in this Article, the woman in waiting period is entitled to housing in the marital home for the duration of her waiting period, unless it is unsuitable, in which case she is entitled to housing in a suitable home.

Article 102 - Consolation Payment for the Divorcee

If the husband divorces his consummated wife in a valid marriage of his own accord and without a request or reason from her, or if the divorce or annulment is due to him, she is entitled to a consolation payment other than the waiting period maintenance, according to the husband’s condition and not exceeding one year’s maintenance for her peers. The court may pay it in installments according to the husband’s financial capacity and hardship, taking into account the harm the woman has suffered.

Article 103 - Lapse of the Wife’s Right to Maintenance

The wife’s right to maintenance lapses if she withholds herself from the husband, refuses to move to the marital home or stay overnight in it, or travel with the husband, without a legitimate excuse.

Article 104 - Marital Home

The wife shall reside with her husband in a suitable marital home, unless otherwise stipulated in the marriage contract.

Article 105 - Categories Allowed to Reside in the Marital Home

1. The husband may reside with his wife in the marital home his parents and his children from another woman, provided that he is obligated to maintain them, on the condition that the wife does not suffer harm from that.
2. The wife may reside with her in the marital home her children from another man if they do not have a custodian other than her, or if they are harmed by being separated from her, or if the husband explicitly or implicitly agrees to that. The husband has the right to retract his consent whenever he suffers harm from that.
3. If the spouses jointly own or rent the marital home or provide it, neither of them may reside with anyone else except with the consent of the other party.
4. The husband may reside with more than one wife in the same building, provided that the residence is suitable and each wife has near-complete independence in the residence in all aspects, for example, sanitary, service facilities, entrances, and exits. The court may add other conditions based on the request of the harmed wife.

Article 106 - Children’s Maintenance

1. The maintenance of a minor child who has no money is obligatory on their father until the girl marries or works, and until the boy reaches the age at which his peers earn a living, unless he is a student successfully pursuing his studies according to custom and as determined by the court.
2. The maintenance of an adult child unable to earn a living due to disability or other reasons is obligatory on their father if they have no money from which they can spend.
3. The maintenance of a female child returns to her father if she is divorced or her husband dies, unless she has money or works or her maintenance is obligatory on someone else.
4. If the child’s money is not sufficient for their maintenance, their father shall be obligated to supplement it under the aforementioned conditions.
5. The costs of breastfeeding a child are obligatory on the father if the mother is unable to breastfeed, and this is considered part of maintenance.
6. The maintenance of a child is obligatory on their wealthy mother if the father is absent and the child has no money or is unable to spend. She has the right to recourse against the father for what she spent if he becomes wealthy and the spending was with his permission or with the court’s permission.

Article 107 - Parents’ Maintenance

1. The maintenance of parents is obligatory on their wealthy child, male or female, adult or minor, if they have no money from which they can spend.
2. If the parents’ money is not sufficient for their maintenance, the wealthy children shall be obligated to supplement it.

Article 108 - Distribution of Parents’ Maintenance Among Children

1. The parents’ maintenance shall be distributed among their children according to the financial capacity of each of them.
2. If one of the children spends on their parents or one of them willingly, they have no recourse against their siblings.
3. If one of the children spends on their parents or one of them pursuant to a judgment ordering the children to pay maintenance, the one who spent may have recourse against each of their siblings for what they spent according to the judgment, provided that their spending was with the intention of recourse.

Article 109 - Inclusion of Parents in the Child’s Family

If the child’s earnings do not exceed their needs and the needs of their spouse and children, they shall be obligated to include their parents entitled to maintenance in their family.

Article 110 - Order of Those Obligated to Pay and Entitled to Maintenance

1. The maintenance of each person entitled to it is obligatory on those who inherit from them among their wealthy relatives according to their order and inheritance shares. If the heir is insolvent, it shall be imposed on the next heir.

2. If there are multiple beneficiaries of maintenance and the person obligated to pay maintenance cannot maintain them all, the wife’s maintenance shall take precedence, then the children’s maintenance, then the parents’ maintenance, then the relatives’ maintenance.

Article 111 - Date of Claiming Children’s and Relatives’ Maintenance

1. A lawsuit claiming children’s maintenance against their father shall not be heard for a period exceeding one year from the date of the judicial claim.
2. The maintenance of relatives other than children shall be imposed from the date of the judicial claim.

Chapter Eight - Custody (Hadana)

Article 112 - Definition of Custody

1. Custody is the care, upbringing, and welfare of the child and attending to their interests in a manner that does not conflict with the guardian’s right of guardianship.
2. The father or other guardians of the child in custody must attend to their affairs, discipline, guide, and educate them.
3. As an exception to the provision of Clause (2) of this Article, the custodial mother shall have educational guardianship over the child in custody, in a manner that serves the child’s best interest.
4. In case of disagreement over what serves the child’s best interest, any interested party may refer the matter to the Urgent Matters Judge, who shall issue their decision by way of a petition, taking into account the guardian’s financial capacity, without prejudice to the custodial mother’s right of educational guardianship.
5. If the child’s best interest requires transferring educational guardianship from the custodial mother to the father or another person with guardianship over the child, any of them may refer the matter to the Urgent Matters Judge, who shall issue an order by way of a petition for whoever has educational guardianship over the child.
6. If the custody of the child is with female relatives other than the mother, and the guardianship is with someone other than the father, the custodian may, according to what the child’s best interest requires, refer the matter to the Urgent Matters Judge, who shall issue an order by way of a petition for whoever has educational guardianship over the child.
7. The provisions of this Article do not prejudice the maintenance obligation stipulated for the child under this Law.

Article 113 - Conditions of the Custodian

The following conditions must be met by 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 is someone else.
2. Trustworthiness and ability to raise the child in custody with a proper upbringing, care for them, and supervise their education.
3. Being free from contagious or serious diseases that may pose a risk to the life or health of the child in custody.
4. If the custodian is a woman, she must not be married to a man who is a stranger to the child in custody, unless the child’s best interest requires otherwise, according to the court’s assessment.
5. If the custodian is a man, he must have a female relative who is a mahram to the child in custody if she is a female, and a suitable woman for custody must reside with the custodian.
6. Not having been previously convicted of a crime against modesty.
7. Not being addicted to drugs, psychotropic substances, or alcohol.
8. That the custodian shares the same religion as the child in custody, unless the custodial mother is of a different religion than the child in custody and the court decides otherwise in the child’s best interest, according to the conditions determined by the court.

Article 114 - Order of Those Entitled to Custody

Custody is a right of the child and is for the parents as long as the marriage exists between them. If they separate, custody shall be with the mother, then the most entitled to it in the following order: the father, then the maternal grandmother, then the paternal grandmother, then the court shall decide what it deems to be in the child’s best interest. The court may decide otherwise based on the child’s best interest.

Article 115 - Lapse of the Right to Custody

1. The right to custody lapses in the following cases:
   • a. If any of the conditions that must be met by the custodian are not met.
   • b. If the custodian fails to fulfill the duties of custody or is unable to fulfill them.
   • c. If the custodian moves to a place of residence where the child’s best interest is lost.
   • d. If the person entitled to custody remains silent about claiming it for more than one year from the date they learn of the reason for entitlement without excuse, unless the child’s best interest requires otherwise.
   • e. If the new custodian resides with someone whose custody has lapsed for a reason other than health incapacity.
   • f. The custodian committing disgraceful behavior that affects the child in custody.
2. A person whose right to custody has lapsed may apply to the court to request it again if the reason for its lapse is removed.

Article 116 - Conditions for Traveling with the Child in Custody Outside the Country

1. A custodial parent may travel with the child in custody outside the country with the written consent of the other parent or the guardian of the person in the event of the father’s death.

2. The court may authorize a custodial parent to travel with the child in custody for a period or periods not exceeding a total of (60) sixty days per year with a guarantee acceptable to the court that ensures the child’s return. The year shall be calculated from the first permission, and the court may exceed this period if the travel is in the child’s best interest or for treatment or for a necessity it assesses after hearing the statements of the other parent or the guardian of the person in the event of the father’s death, unless their attendance is impossible.

3. A custodian other than the parents may travel with the child in custody outside the country with the written consent of the parents or one of them in the event of the other’s death, or the guardian of the person in the event of the father’s death or the death of both parents.

4. The court may authorize a custodian other than the parents to travel with the child in custody for a period or periods not exceeding a total of (60) sixty days per year with a guarantee acceptable to the court that ensures the child’s return. The year shall be calculated from the first permission, and the court may exceed this period if the travel is in the child’s best interest or for treatment or for a necessity it assesses after hearing the statements of the parents or one of them in the event of the other’s death, or the guardian of the person in the event of the father’s death or the death of both parents, unless their attendance before it is impossible.

Article 117 - Child in Custody’s Passport

1. Without prejudice to the provisions of Article (116) of this Law, the guardian may retain the child in custody’s passport, except in the case of travel, in which case it shall be handed over to the custodian.
2. The court may order the passport to remain in the custodian’s possession if it finds intransigence from the guardian in handing it over to the custodian when needed.
3. The custodian may retain the original birth certificate and any other supporting documents related to the child in custody, or a certified copy thereof, and may retain the child in custody’s identity card.
4. Any person who reaches the age of (18) eighteen Gregorian years without any impediment to their capacity, male or female, may retain their passport and any other supporting documents related to them, unless the court decides otherwise.

Article 118 - Not Requesting Custody

1. If the child in custody is not older than two years and neither parent requests custody, the mother shall be obligated to it if she exists, otherwise the father shall be obligated to it.
2. If the child in custody is older than two years and neither parent requests custody, the father shall be obligated to it if he exists, otherwise the mother shall be obligated to it.
3. If the parents do not exist or refuse and no relative accepts custody, the court shall choose whomever it deems suitable from among the child’s relatives or others, or one of the entities qualified for this purpose.

Article 119 - Custodian’s Fee

1. The custodian is not entitled to a custody fee if she is the wife of the child in custody’s father or a woman in waiting period entitled to maintenance from him during her waiting period.
2. Whoever is obligated to pay the child in custody’s maintenance shall pay the custodian’s housing rent unless the custodian owns a residence in which they reside or that is designated for their residence. The judge may rule for a housing rent maintenance in an amount that covers the costs of housing the children in custody with her.

Article 120 - Mother Leaving the Marital Home

If the mother leaves the marital home due to a dispute or other reasons, her right to custody is not waived for that reason, unless the child’s best interest requires otherwise.

Article 121 - Visitation of the Child in Custody

1. If the child in custody is in the custody of one of the parents, the other parent has the right to visit, host, take them out, and stay overnight with them as they agree. In case of disagreement, the court shall decide what it deems appropriate according to the child’s best interest.
2. If one of the child in custody’s parents is deceased or absent, or if the child in custody is with someone other than their parents, the court may appoint a person entitled to visitation from among their relatives according to the child’s best interest.
3. The court may order the custodian or the person awarded visitation to pay the transportation expenses within the country to achieve visitation according to the circumstances.
4. The execution judge may, with the agreement of the custodian and the person awarded visitation, change the dates and places of visitation in a manner that serves the child’s best interest.
5. The court judgment shall be enforced by force if the custodian refuses to implement it.

Article 122 - Child in Custody Choosing to Reside with One of Their Parents

If the child in custody reaches the age of (15) fifteen, they have the choice of residing with one of their parents, unless the child’s best interest requires otherwise.

Article 123 - Termination and Continuation of Custody

1. Custody ends when the child in custody reaches the age of (18) eighteen Gregorian years.
2. If the child in custody is insane, imbecile, or has a debilitating illness, custody shall continue with the custodian or the next person in line unless the child’s best interest requires otherwise.

Article 124 - Supporting Documents

Subject to the provisions of Articles (116) and (117) of this Law, the custodian shall retain the supporting documents of the child in custody, provided that they do not use them for travel without permission from the guardian or the court, and that they do not use them in a manner that harms the guardian, conflicts with their guardianship, violates the child’s best interest, or benefits from them unjustly. In case of violation, the guardian may request the supporting documents, and they shall not be handed over to the custodian after that except with permission from the court and as required by the child’s best interest. The father shall bear the expenses of issuing and renewing the supporting documents.

Chapter Nine - Guardianship, Custody, and Curatorship

Article 125 - The Minor

1. A minor is either lacking capacity or has diminished capacity.
2. A non-discerning minor, an insane person, and an imbecile are considered lacking capacity. A fetus, a missing person, and an absentee are considered as lacking capacity.
3. A discerning minor and anyone who has reached the age of majority and is prodigal or negligent are considered as having diminished capacity.
4. Subject to the provisions of Articles (19) and (113) of this Law, capacity, impediments to capacity, lack of capacity, diminished capacity, age of majority, guardianship, and trusteeship shall be subject to the provisions of the Civil Transactions Law.

Article 126 - Appointment of a Guardian

1. The father may appoint a guardian to manage the affairs of a minor, insane person, imbecile, or a concealed fetus in the event of the father’s incapacity or after his death. The court may also appoint a guardian for a specified or unspecified period or to perform a specific task whenever the best interest requires it.
2. The court may appoint the minor’s mother as a guardian over their property.
3. The guardian may be male or female, a natural or legal person, individual or multiple.

Article 127 - Appointment of a Curator

1. The court shall appoint a curator to manage the funds and affairs of a person interdicted due to prodigality or negligence, provided that they meet the conditions required for a guardian in accordance with the provisions of this Law.
2. The provisions of guardianship apply to curatorship and judicial agency in matters not specifically addressed in this Law. The guardian of the property, curator, or guardian, as the case may be, shall manage the minor’s affairs and represent them.
3. The request to appoint a curator shall be by way of a petition, and the Public Prosecution and potential heirs shall be notified of the request.

Article 128 - Divisions of Guardianship over a Minor

1. Guardianship over a minor is divided into the following:
   • a. Guardianship over the person, which means general supervision over the minor’s person in a manner that does not conflict with the custodian’s authority to manage the affairs of the child in custody.
   • b. Guardianship over the property, which means caring for everything related to the minor’s property.
2. The two guardianships may be combined in one person.

Article 129 - Order of Guardianship over the Minor’s Property

1. Guardianship over the minor’s property belongs solely to the father, then to their guardian if any, then to the paternal grandfather, then to the court.
2. The father or paternal grandfather may not relinquish their guardianship except with the court’s permission.

Article 130 - Conditions Required for a Guardian or Trustee

The following conditions must be met by the guardian or trustee:

1. That they are fully competent, trustworthy, and capable of fulfilling the guardianship or trusteeship entrusted to them.
2. That they share the same religion as the ward if the ward is Muslim, with respect to guardianship over the person.
3. Not having been convicted of a crime involving honor or trust, unless they have been rehabilitated.
4. Not having been declared bankrupt or insolvent due to inability to manage their own property, with respect to guardianship over the property.
5. Not having been dismissed from guardianship over another minor due to harming them or neglecting to preserve their property.
6. That there is no enmity between them and the minor that is feared to harm their best interest.

Article 131 - Inclusion of the Father’s Guardianship

The father’s guardianship includes the children of his minor son if their father is interdicted.

Article 132 - Limits of the Father’s Guardianship over His Minor Child’s Property

1. The father’s guardianship over his minor child’s property shall be for preservation, management, and investment.

2. The father’s actions shall be binding, especially in the following cases:

   • a. Contracting in his child’s name and disposing of their property.
   • b. Engaging in trade on his child’s behalf, and he shall not continue to do so except in the case of apparent benefit.
   • c. Accepting lawful donations for his child’s benefit if they are free of harmful obligations.
   • d. Spending from his child’s property on those whose maintenance is obligatory on them.

Article 133 - Guardianship and Donated Funds for the Minor

Guardianship does not include what accrues to the minor by way of donation if the donor stipulates that.

Article 134 - Invalidity of Disposing of the Minor’s Property

It is not permissible to lend, donate, or dispose of the minor’s property or its benefits. If such an action occurs, it shall be invalid and shall give rise to liability and guarantee.

Article 135 - Depositing a List of the Minor’s Assets in Court

1. The guardian shall prepare a list of the minor’s property or what accrues to them, and deposit this list in the court in whose jurisdiction their domicile is located within two months from the commencement of guardianship or from the accrual of this property to the minor.

2. The court may consider the failure to submit this list or the delay in submitting it as exposing the minor’s property to risk.

Article 136 - Father’s Liability for Mismanagement and Causing Harm to the Minor

1. The father’s actions shall be invalidated if it is proven that he mismanaged and that there was no benefit for the minor in them.
2. The father shall be liable with his property for gross negligence that resulted in harm to the minor.

Article 137 - Disposing of the Minor’s Property

The guardian may not perform the following actions with the minor’s property except with the court’s permission:

1. Disposing of the minor’s real estate by transferring ownership or establishing a real right on it, except for necessity or apparent benefit assessed by the court.
2. Borrowing for the minor’s benefit in a manner that does not violate the provisions of Islamic Sharia.
3. Leasing the minor’s real estate for a period extending beyond one year from their reaching the age of majority.
4. Continuing a trade that has devolved to the minor.
5. Accepting or rejecting a donation or will for the minor burdened with obligations.
6. The guardian spending on himself from the minor’s property if his maintenance is obligatory on them.

Article 138 - Father’s Actions Subject to Court Permission

The father’s actions shall be subject to court permission in the following cases:

1. If he purchases his child’s property for himself, his wife, or his other children.
2. If he sells his property, his wife’s property, or his other children’s property to his child.
3. If he sells his child’s property to invest the proceeds for himself.

Article 139 - Provisions Applicable to the Grandfather’s Guardianship

The provisions applicable to the father in guardianship shall apply to the paternal grandfather.

Article 140 - Duty of the Guardian Authorized to Trade

The guardian authorized to trade in the minor’s property must submit a periodic account of their actions to the court.

Article 141 - Responsibility of the Supervisor Monitoring the Guardian’s Actions

If the father appoints a supervisor to monitor the guardian’s actions, the supervisor shall perform what achieves that as required by the minor’s best interest and shall be accountable to the court.

Article 142 - Guardian’s Duty in Managing the Minor’s Property

Without prejudice to the provisions of the applicable federal or local legislation, the Cabinet or the competent local authority may assign the task of investing, managing, and caring for the minor’s property and attending to their affairs to any competent or qualified entity. The Cabinet or the head of the local judicial authority shall set all controls, procedures, rules, and provisions related to managing, investing, and caring for the minor’s property and attending to their affairs, in addition to specifying and regulating the court or judicial departments competent to hear applications or disputes related thereto.

Article 143 - Court Supervision over the Guardian’s Actions

The guardian’s actions shall be subject to court supervision, and they shall be obligated to submit periodic accounts to the court regarding their actions in managing the property of the minor and those deemed as such.

Article 144 - Guardian’s Actions Requiring Court Permission

The guardian may not perform the following actions except with permission from the court:

1. Disposing of the minor’s property by selling, buying, exchanging, partnering, mortgaging, or any other type of disposition that transfers ownership or establishes a real right.
2. Disposing of bonds, shares, or portions thereof, and non-trivial movable property or property that is not feared to be damaged unless its value is negligible.
3. Transferring the minor’s debts or accepting assignment thereof if they are a debtor.
4. Investing the minor’s funds on their behalf.
5. Borrowing funds for the minor’s benefit.
6. Leasing the minor’s real estate.
7. Accepting or rejecting donations subject to a condition.
8. Spending from the minor’s property on those whose maintenance is obligatory on them, unless the maintenance is ruled upon by an enforceable judgment.
9. Fulfilling due obligations that are on the estate or on the minor.
10. Acknowledging a right against the minor.
11. Settlement and arbitration.
12. Filing a lawsuit if delaying it would not harm the minor or cause them to lose a right.
13. Waiving a lawsuit and not using the legally prescribed methods of appeal.
14. Selling or leasing the minor’s property to himself, his spouse, one of their ascendants or descendants, or someone for whom the guardian is an agent.
15. What is spent on the minor’s marriage, such as dowry and the like, in accordance with the applicable legislation.
16. Educating the minor if they need maintenance.
17. Necessary spending for the minor to pursue a specific profession.

Article 145 - Minor’s Right to Hold the Guardian Accountable

After reaching the age of majority, the minor has the right to hold the guardian accountable for their actions during the guardianship period.

Article 146 - Deprivation of Guardianship over Property and Dismissal of the Guardian

Guardianship is deprived and the guardian is dismissed by a decision from the competent court in either of the following two cases:

1. If any of the conditions required for the guardian or trustee are not met.
2. If the guardian or trustee fails to fulfill the duties of guardianship or trusteeship, or is unable to fulfill them.

Article 147 - Guardian’s Remuneration

1. Guardianship and trusteeship shall be without remuneration, unless the testator specifies acceptable remuneration for the guardian according to custom.
2. The court may, upon the request of the guardian or trustee, decide on a reward for a specific task, or decide on remuneration for them, provided that its calculation begins from the date of the request.

Article 148 - Scope of the Guardian’s Work

The guardian shall be bound by what is assigned to them in the will, except for anything that violates the law, public order, or public morals.

Article 149 - Multiple Guardians

If there are multiple guardians, the order of guardianship shall be as follows, unless the will stipulates otherwise:

1. If the father appoints multiple guardians in one will, they shall share in the guardianship, and none of them shall act independently of the others unless the father grants them that right or the remaining guardians authorize them.
2. If the father appoints multiple guardians in more than one will and the later one is not aware of the earlier one, they shall share in the guardianship, unless the court deems it inappropriate for them to share in the best interest of the minor.
3. If the father appoints guardianship to one person and then appoints it to another, it shall be for the latter, unless there is evidence of sharing.

In the event that the father does not specify the powers of each guardian, the court shall specify the powers of each of them.

Article 150 - Adding One or More Guardians by the Court

The court may, on its own initiative or upon the request of the guardian, add one or more other persons to them if they are unable or need someone to assist them, or if it is in the best interest of the minor.

Article 151 - Effectiveness of Guardianship

1. The effectiveness of guardianship is contingent upon the guardian’s acceptance. The guardian’s commencement of their duties shall be considered implicit acceptance of the guardianship.
2. Any interested party may apply to the court to request that the guardian be notified to commence their duties. The court may grant them a period not exceeding (30) thirty days to commence their duties from the date of notification, and the court shall decide what it deems appropriate regarding the guardianship.

Article 152 - Dismissal and Resignation of the Guardian from Guardianship

1. The father may dismiss the guardian whenever he wishes.
2. The guardian may resign from guardianship whenever they wish during the testator’s lifetime. The guardian must apply to the court to request resignation if the testator is deceased or does not have full capacity.
3. The court may dismiss the guardians or one of them if the minor’s best interest requires it.

Article 153 - Mandatory Deprivation of Guardianship over the Person

Guardianship over the person shall be mandatorily deprived in the following cases:

1. If any of the conditions required for the guardian are not met.
2. If the guardian fails to fulfill the duties of guardianship or trusteeship, or is unable to fulfill them.
3. If it is proven to the court that the minor’s property is at risk.
4. If the guardian or trustee commits the crime of rape or indecent assault against the ward or leads them towards prostitution or the like.
5. If the guardian or trustee is sentenced to a final judgment in a felony or misdemeanor of intent that they or another person committed against the person of the ward.

Article 154 - Permissive Deprivation of Guardianship over the Person

1. Guardianship over the person may be deprived from the guardian in whole or in part, permanently or temporarily, if the ward becomes subject to serious risk to their safety, health, modesty, morals, or education due to the guardian’s mistreatment of them or bad example as a result of the guardian’s notoriety for immoral conduct or addiction to alcohol, drugs, or psychotropic substances. It is not required in this case that the guardian be sentenced to a penalty due to any of the aforementioned reasons.
2. The court may, instead of depriving guardianship, entrust the minor to one of the competent institutions while the guardian’s guardianship continues.

Article 155 - Handing Over the Minor to a Trustworthy Person or Competent Institution

In the cases mentioned in Articles (153) and (154) of this Law, the court may, on its own initiative or upon the request of the investigating authority, temporarily entrust the minor to a trustworthy person or one of the competent institutions until the matter of guardianship is decided.

Article 156 - Cases of Termination of Guardianship and Trusteeship

Guardianship and trusteeship shall terminate upon the occurrence of any of the following cases:

1. The minor reaching the age of majority while enjoying their mental faculties.
2. Lifting the interdiction from the interdicted person.
3. Death of the minor.
4. The minor’s father regaining his capacity and ability to perform the duties of guardianship.
5. Dismissal of the guardian or trustee or acceptance of their resignation.
6. Death of the guardian or trustee, or their loss of capacity or diminished capacity.
7. Proof of the guardian or trustee’s loss or absence.
8. End of the ward’s loss or absence.

Article 157 - Continuation of Guardianship or Trusteeship

If the minor who has reached the age of majority has diminished capacity or is not trustworthy with their property, the guardian or trustee appointed by the court must apply to the court to consider the continuation of guardianship or trusteeship over them.

Article 158 - Guardian or Trustee’s Obligations After the End of Their Mission

Upon the end of their mission, the court-appointed guardian or trustee shall hand over the minor’s property and all related accounts and documents to whomever the court appoints under its supervision, within a maximum period of (30) thirty days from the date of the end of their mission.

Article 159 - Death or Loss of Capacity of the Court-Appointed Guardian, Trustee, or Curator

1. Without prejudice to the provisions of the legislation in force in the state regarding the organization of births and deaths, police stations shall inform the Public Prosecution of any death that occurs in their jurisdiction. The Public Prosecution shall inform the court in whose jurisdiction it is located if it finds that the deceased is a guardian, trustee, or curator over minors and there is a fear of loss of their property due to their death.
2. Without prejudice to the provision of Clause (1) of this Article, if the court-appointed guardian, trustee, or curator dies or loses their capacity, their heirs or whoever takes possession of their estate or part thereof must inform the competent court to protect the minor’s rights.

Article 160 - Restoration of Guardianship to the Guardian of the Person

In cases other than those in which guardianship is mandatorily deprived, the court may restore to the guardian of the person their guardianship that it had partially or fully deprived them of, based on their request, provided that (6) six months have passed since the removal of the reason for deprivation.

Article 161 - Suspension of Guardianship

The court shall rule to suspend guardianship if the guardian is considered absent or is imprisoned pursuant to a judgment with a custodial sentence.

Article 162 - Effects of the Judgment Depriving Guardianship

1. A judgment depriving guardianship over the person of the minor results in its lapse or suspension with respect to the property.
2. If the guardian’s guardianship is deprived over some of those under their guardianship, it must be deprived over the rest of them.

Article 163 - Transfer of Guardianship After Deprivation

If the court rules to deprive the guardian of the person of their guardianship, limit it, or suspend it, guardianship shall transfer to the next person in line if they are qualified. If they refuse or are not qualified, the court may entrust guardianship to whomever it deems qualified, even if they are not a relative of the minor, or entrust this guardianship to one of the competent institutions.

Article 164 - Government Entities that Assume Guardianship over Minors’ Property

The provisions contained in this Law do not prejudice the established competencies of the federal or local government entities that assume guardianship over the property of minors and those deemed as such.

Article 165 - Prohibition of Entities Responsible for Minors’ Affairs

The entity responsible for minors’ affairs or any competent official therein is prohibited from buying or leasing anything for themselves, their spouse, or one of their ascendants or descendants from what the minor owns. They are also prohibited from selling to the minor anything owned by them, their spouse, or one of their ascendants or descendants.

Article 166 - Interdicted Person Filing a Lawsuit to Lift the Interdiction Themselves

The interdicted person has the right to file a lawsuit themselves to lift the interdiction from them.

Chapter Ten - The Absentee and the Missing Person

Article 167 - Definition of the Absentee and the Missing Person

1. An absentee is a person whose domicile or residence is unknown, and the management of their financial affairs by themselves or by an agent has become impossible for a period determined by the court, resulting in the disruption of their interests or the interests of others.
2. A missing person is an absentee whose life or death is unknown.

Article 168 - Court Appointment of a Guardian to Manage the Absentee or Missing Person’s Property

1. If the absentee or missing person does not have a guardian, the court may appoint a guardian to manage their property or part thereof.
2. The court-appointed guardian shall inventory the absentee or missing person’s property and manage it in accordance with the provisions of managing minors’ property.

Article 169 - End of the Missing Person Status

1. The missing person status ends in either of the following two cases:

   • a. If the missing person’s life is confirmed.
   • b. If a court judgment is issued declaring the missing person deceased. The court shall not rule on the death of the missing person except in the following cases:
     • (1) Evidence of their death is presented.
     • (2) After one year has passed from the date the competent authority was notified of their loss, if they were lost in circumstances where their death is not probable.
     • (3) After (3) three months have passed from the date of loss, if they were lost in circumstances where their death is probable.

2. The date of issuance of the judgment declaring the missing person deceased shall be considered the date of their death, unless the actual date of their death is later proven.

Article 170 - Reappearance of the Missing Person Alive

If a judgment is issued declaring the missing person deceased and then they reappear alive, the following shall apply:

1. The missing person shall reclaim the existing assets of their property from the heirs.
2. The missing person’s wife shall return to his marriage unless she has married another husband and he has consummated with her.

Chapter Eleven - Wills (Wasiyya)

Article 171 - Definition of a Will

1. A will is a disposition deferred until after the testator’s death.
2. A will is valid whether it is absolute or conditional, deferred or contingent upon a valid condition.

Article 17 - Attaching a Condition to a Will

If a will is attached to a condition that violates the provisions of this Law, public order, or public morals, the condition is invalid and the will is valid.

Article 173 - Execution of the Will

The will shall be executed from the testator’s estate, within the limits of one-third of the estate after deducting the expenses of preparing the deceased and paying their debts.

Article 174 - Actions of a Terminally Ill Person

Any disposition transferring ownership issued by a terminally ill person shall be considered as a will if it is a donation. If it is a transaction with favoritism, the amount of favoritism shall be considered as a will.

Article 175 - Pillars of a Will

The pillars of a will are:

1. Formula.
2. Testator.
3. Beneficiary.
4. Bequest.

Article 176 - Conclusion of a Will

1. A will is concluded by words indicating it, spoken or written, and in case of inability to do so, by understandable gestures.
2. In case of denial, a lawsuit for a will, its revocation, or its amendment shall not be heard except with the testimony of two just witnesses or those deemed as such.

Article 177 - Amendment and Revocation of a Will

1. The testator may amend the will, revoke it, or revoke part of it by words or actions indicating it.
2. If the will is concluded by documentation before the competent authorities, the testator may not amend the will, revoke it, or revoke part of it except in the same manner.

Article 178 - Conditions of the Testator

1. The testator must have full capacity.
2. A will from an interdicted person is valid for charitable purposes with the court’s permission.

Article 179 - Obligatory Bequest (Wasiyya Wajibah)

1. If a person dies, even by ruling, and has grandchildren from a son or daughter who died before them or with them, their grandchildren are entitled to a bequest in one-third of their estate in the amount and under the following conditions:
   • a. The obligatory bequest for these grandchildren shall be in the amount of their share of what their parent would inherit from their deceased grandparent, assuming their parent’s death after the aforementioned grandparent’s death, provided that it does not exceed one-third of the estate.
   • b. These grandchildren are not entitled to a bequest if they are heirs to their grandparent, whether grandfather or grandmother, or if the grandparent bequeathed to them or gave them during their lifetime without compensation the amount they are entitled to by this obligatory bequest. If they bequeathed to them less than that, it must be completed. If they bequeathed more, the excess is a discretionary bequest. If they bequeathed to some of them only, the bequest is obligatory for the others in the amount of their share.
   • c. This bequest shall be for the children of the son and the children of the daughter, however low, whether they are one or more, with the male receiving twice the share of the female. Each ascendant excludes their descendants, but no descendant of another ascendant. Each descendant receives only their ascendant’s share.
2. The obligatory bequest takes precedence over discretionary bequests in being fulfilled from one-third of the estate.
3. The killer of the deceased and the apostate are prohibited from receiving the obligatory bequest in accordance with the provisions of this Law.

Article 180 - Multiple Wills

1. Multiple wills are not considered a revocation of the earlier will unless the testator explicitly states their revocation thereof. Any interested party may prove the revocation thereof.

2. In the case of multiple wills without specifying the bequeathed property and it exceeds one-third, the shortfall shall be applied to all beneficiaries, each according to their share. If the bequeathed property is specified, it shall be divided among all beneficiaries of the specified property equally, unless the testator stipulates otherwise.

Article 181 - The Beneficiary

The beneficiary may be any of the following:

1. A specific living person or a concealed fetus.
2. A defined or undefined group.
3. Permissible charitable purposes according to Sharia.
4. A mosque or waqf.
5. A legal person that the legislation in force in the state permits to accept bequests.

Article 182 - Bequest with Difference in Religion

A bequest is valid even with a difference in religion, whether between spouses, relatives, or others.

Article 183 - Ruling on a Bequest of What the Beneficiary May Not Own

If the bequest is for something that the beneficiary may not own according to the applicable legislation, the court may decide to transfer the beneficiary’s right to the equivalent price within the limits of the bequest or its equivalent.

Article 184 - Bequest to an Heir

1. A bequest to an heir is not permissible except in the following two cases:
   • a. If the remaining adult heirs approve it, it shall be executed in the share of those who approved it.
   • b. If it is required by a compelling interest approved by the court, the bequest shall be executed even if the remaining heirs do not approve it.
2. What is considered as the beneficiary being an heir is the time of the testator’s death.

Article 185 - Binding Nature of the Bequest According to the Beneficiary

The bequest is binding according to the beneficiary as follows:

1. If it is for a specific natural person or a defined group, it is by acceptance thereof after the testator’s death, and ownership transfers to the beneficiary from the time of acceptance.
2. If it is for a minor, it is by the guardian’s acceptance thereof.
3. If it is for permissible charitable purposes according to Sharia, or for an undefined group, the bequest is binding upon the testator’s death without acceptance.
4. If it is for a legal person, it is after approval from whoever has the right to accept it according to the regulations governing that.
5. If it is for a mosque, it is after approval from the supervising entity, and if it is for a waqf, it is after approval from its trustee.

Article 186 - Rejection of the Bequest

1. A fully competent beneficiary may reject the bequest or part thereof after the testator’s death.
2. The minor’s guardian may reject the bequest or part thereof with the court’s permission.
3. A legal person may reject the bequest or part thereof through whoever has the right to reject it according to the applicable legislation.
4. If it is for a mosque, the supervising entity may reject the bequest or part thereof, and if it is for a waqf, its trustee may reject it.

Article 187 - Notification of the Beneficiary to Accept or Reject the Bequest

1. Acceptance or rejection of the bequest is not required to be immediately after the testator’s death.
2. If the beneficiary does not express acceptance or rejection, anyone who has a right in the inheritance, the bequest, or its execution may apply to the court to request notification of the beneficiary. The court shall specify a period for acceptance not exceeding (30) thirty days from the date of notification. If they do not respond and do not have an excuse acceptable to the court, they shall be considered as having rejected it. If the beneficiary is a legal person, the court shall determine the appropriate period for expressing acceptance or rejection.
3. If the beneficiary dies after the testator’s death and before accepting or rejecting the bequest, the right to accept or reject transfers to the beneficiary’s heirs according to each heir’s share in the bequest. Clause (2) of this Article shall apply to the beneficiary’s heirs to determine their position on accepting or rejecting the bequest.

Article 188 - Impossibility of Executing the Bequest

If it becomes impossible to execute the bequest for any reason, the bequest shall revert to inheritance.

Article 189 - Execution of the Bequest for an Undefined Group

If the bequest is for an undefined group, whoever has the right to execute it may determine its distribution among the beneficiaries, taking into account prioritizing the needy among them without being restricted by generalization or equality, unless the bequest stipulates otherwise.

Article 190 - Distribution of the Bequest in Case of Multiple Beneficiaries

If there are multiple beneficiaries in one will – or in more than one will – and the share of each of them is not specified, the distribution of the bequest shall be as follows:

1. If the bequest is for specified individuals or a defined group, each individual shall have a share of the bequest.
2. If the bequest is for specified individuals and an undefined group, each specified individual shall have a share, and the undefined group shall have a share.

Article 191 - Conditions of the Bequest

The following conditions are required for the bequest:

1. That it is owned by the testator if it is specified.
2. That it exists or is possible to exist.
3. That the bequest does not violate the law, public order, or public morals.

Article 192 - Forms and Rulings of the Bequest

1. The bequest may be an asset, a benefit, or a valuable right, whether common or specific.
2. If the bequest is common, it shall include all of the testator’s property at the time of their death, unless the heirs agree with the beneficiary otherwise.

Article 193 - If the Bequest Exceeds One-Third of the Estate

The bequest shall be executed if it does not exceed one-third of the estate. If the bequest exceeds one-third, it shall be as follows:

1. The excess shall be suspended pending the heirs’ approval, and shall be executed from it according to the share of those who approved it.
2. The bequest is valid for what exceeds one-third for someone who has no heir.
3. The bequest is valid for what exceeds the share of the husband or wife if there is no heir other than them.

Article 194 - Controls on Calculating the Exit of the Benefit of the Bequeathed Asset from the Estate

If the bequest is for the benefit of an asset, its exit from one-third of the estate shall be calculated as follows:

1. If the bequest of the benefit is perpetual, absolute, or for the beneficiary’s lifetime, it shall be the value of the bequeathed asset at the time of the testator’s death.
2. If the bequest of the benefit is temporary, it shall be the value of the benefit during this period.

Article 195 - Return of the Benefit of the Bequeathed Asset to the Owner of the Asset

The bequeathed benefit shall return to the owner of the asset, whether they are an heir or a beneficiary of the asset, in the following cases:

1. If the period of the bequeathed benefit expires.
2. If the beneficiary of the benefit dies.
3. If the beneficiary is one or more and the bequest is for a defined or undefined group that is expected to cease.

Article 196 - Transformation of a Bequest into a Waqf

If the beneficiary of the benefit or its usufruct is a legal person or an undefined group that is not expected to cease, and the bequest is perpetual or absolute, it shall be considered as a waqf.

Article 197 - Bequest of a Common Share in the Estate

If the bequest is for a common share in the estate, and there is a debt or absent property among it, the beneficiary shall receive their share of the present property, and whenever something becomes available, they shall receive their share thereof, unless the heirs agree with the beneficiary otherwise.

Article 198 - Bequest of the Equivalent of a Specific Heir’s Share Among the Testator’s Heirs

1. If the bequest is for the equivalent of a specific heir’s share among the testator’s heirs, the beneficiary shall be entitled to the amount of this heir’s share added to the original amount, and the shortfall shall be applied to all heirs.
2. If the bequest is for the equivalent of an unspecified heir’s share among the testator’s heirs, the beneficiary shall be entitled to the amount of the least inheritance among them added to the original amount, and the shortfall shall be applied to all heirs.

Article 199 - Cases of Invalidity of a Will

A will is invalid in the following cases:

1. The testator revoking their will verbally or by action.
2. The death of the specified beneficiary before the testator, or their simultaneous death, or if it is unknown which of them died first, unless the bequest is for paying the beneficiary’s debt.
3. The beneficiary rejecting the bequest after the testator’s death and before acceptance.
4. The beneficiary killing the testator in a manner that prevents inheritance.
5. The specified bequest being damaged or becoming due to someone other than the testator.

Chapter Twelve - The Estate (Al-Tirkah)

Article 200 - Definition of the Estate

The estate is what the deceased leaves behind of money and financial rights.

Article 201 - Order of Rights Related to the Estate

The rights related to the estate shall be ordered as follows:

1. Preparing the deceased in accordance with custom.
2. Paying debts, whether they are rights of God or of people.
3. Executing the will within the limits of one-third, unless the heirs agree to the excess over one-third.
4. Distributing the remainder of the estate among the heirs.

Article 202 - Conditions for Entitlement to Inheritance

The following conditions are required for entitlement to inheritance:

1. The death of the deceased in reality or by court judgment.
2. The heir being alive after the death of their deceased in reality or by estimation.
3. The existence of a reason for inheritance and the absence of impediments to it.

Article 203 - Deprivation from Inheritance

One of the impediments to inheritance is killing the deceased intentionally, whether the killer is the principal perpetrator, an accomplice, or a contributory cause. It is required that the killing be without right or excuse and that the killer be sane and of age.

Article 204 - Inheritance in the Case of Revocable Divorce and Divorce of a Terminally Ill Person

Separation between the spouses during life prevents one of them from inheriting from the other except in the following two cases:

1. If the divorce is revocable, they shall inherit from each other as long as the woman is in the waiting period.
2. If the man divorces during a terminal illness without a request from the woman, she shall inherit from him unless she marries before his death.

Article 205 - Cases in Which There is No Inheritance

1. There is no inheritance with a difference in religion.

2. There is no inheritance between deceased persons if their death is at the same time and it is not known which of them died first.

Article 206 - Forms of Inheritance

1. Inheritance shall be by fixed share (fard), or by residuary share (ta’seeb), or by both, or by distant kinship (rahim).
2. A fixed share is a share legally determined for the heir.
3. A residuary share is a share not legally determined for the heir.

Article 207 - Inheriting Descendant

An inheriting descendant is one who is entitled to inheritance in whole or in part and is a descendant of the deceased, namely, the son and his children, however low, and the daughter. Whoever is connected to the deceased through a female is not considered an inheriting descendant.

Article 208 - Inheriting Ascendant

An inheriting ascendant is one who is entitled to inheritance in whole or in part and is an ascendant of the deceased, namely, the father and his fathers, and the mother and the grandmothers.

Article 209 - Fixed Shares (Furuudh)

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

Article 210 - Sharers (As’haab al-Furuudh)

The sharers are the husband, the wife, the father, the mother, the paternal grandfather, however high, the grandmother, the daughter, the son’s daughter however low whose father is among only males, whether they are single or multiple, the full sister, the paternal sister, the maternal brother, and the maternal sister, whether they are single or multiple.

Article 211 - Husband’s Inheritance

The husband inherits (one-half) if there is no inheriting descendant for the wife, and (one-quarter) if there is.

Article 212 - Wife’s Inheritance

1. The wife inherits (one-quarter) if there is no inheriting descendant for the husband, and (one-eighth) if there is.
2. Multiple wives share in the fixed share of one wife.

Article 213 - Father’s Inheritance

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 remainder as a residuary share if there is a female inheriting descendant with no male with her.
3. The father inherits the entire estate as a residuary share if there is no inheriting descendant or spouse.

Article 214 - Grandfather’s Inheritance

1. The inheriting grandfather is anyone whose lineage to the deceased does not include a female.
2. The grandfather inherits if there is no father, and the higher grandfather is excluded if there is a closer inheriting grandfather.
3. The grandfather’s inheritance is like the father’s inheritance. If the heirs are limited to one of the spouses, a mother, and a grandfather, he inherits the remainder as a residuary share after one of the spouses receives their share and the mother receives (one-third) of the entire estate.

Article 216 - Grandmother’s Inheritance

1. The grandmother only inherits from these lines: the mother of the mother, the mother of the father, and the mother of the father’s father, however high the motherhood. The father does not exclude his mother or the mother of his father.
2. The grandmother inherits (one-sixth) if there is no mother. Inheriting grandmothers share in the (one-sixth) if there are multiple of them. The distant paternal grandmother is excluded by the closer maternal grandmother. The distant maternal grandmother is not excluded by the closer paternal grandmother, and they share in the (one-sixth).

Article 217 - Daughter’s Inheritance

1. The daughter inherits (one-half) if she is single, and (two-thirds) if there are two or more of them if the deceased has no son.
2. If there is one or more daughters, they inherit the remainder with the deceased’s son as residuary sharers by another, with the male receiving twice the share of the female.

Article 218 - Son’s Daughter’s Inheritance

1. The son’s daughter inherits (one-half) if she is single, and (two-thirds) if there are two or more of them if the following two conditions are met:
   • a. The deceased has no inheriting descendant higher than her.
   • b. The deceased has no grandson in her degree.
2. The son’s daughter inherits (one-sixth) if there is one or more of them if the following two conditions are met:
   • a. There is an inheriting daughter who inherits (one-half) as a fixed share.
   • b. The deceased has no grandson in her degree.
3. The son’s daughter inherits the remainder with the deceased’s grandson in her degree or lower than her as residuary sharers by another, with the male receiving twice the share of the female, provided that there is no male inheriting descendant of a higher degree than her.

Article 219 - Full Sister’s Inheritance

1. The full sister inherits (one-half) if she is single, and (two-thirds) if there are two or more of them if the following conditions are met:
   • a. The deceased has no male inheriting ascendant.
   • b. The deceased has no inheriting descendant.
   • c. The deceased has no full brother.
2. The full sister inherits the remainder with the full brother as residuary sharers by another, with the male receiving twice the share of the female, if the following two conditions are met:
   • a. The deceased has no male inheriting ascendant.
   • b. The deceased has no male inheriting descendant.
3. The full sister, whether single or multiple, inherits the remainder as residuary sharers by another if the following conditions are met:
   • a. The deceased has no male inheriting ascendant.
   • b. The deceased has no male inheriting descendant.
   • c. The deceased has no full brother.
   • d. The deceased has a female inheriting descendant.

Article 220 - Paternal Sister’s Inheritance

1. Without prejudice to the conditions included in Clause (1) of Article (219) of this Law, the paternal sister inherits (one-half) if she is single, and (two-thirds) if there are two or more of them, provided that the deceased has no full sister and no paternal brother.

2. The paternal sister inherits (one-sixth) if there is one or more of them if the following two conditions are met:

   • a. There is a full sister inheriting (one-half) as a fixed share.
   • b. The deceased has no paternal brother.

3. The paternal sister inherits the remainder with the paternal brother as residuary sharers by another, with the male receiving twice the share of the female, if the following conditions are met:

   • a. The deceased has no male inheriting ascendant.
   • b. The deceased has no male inheriting descendant.
   • c. The deceased has no full brother.

4. The paternal sister, whether single or multiple, inherits the remainder as residuary sharers by another if the following conditions are met:

   • a. The deceased has no male inheriting ascendant.
   • b. The deceased has no male inheriting descendant.
   • c. The deceased has a female inheriting descendant.
   • d. The deceased has no full brother or full sister.
   • e. The deceased has no paternal brother.

Article 221 - Maternal Brother and Sister’s Inheritance

The maternal brother or sister inherits (one-sixth) if there is one of them, and (one-third) if there are two or more of them if the following two conditions are met:

1. The deceased has no male inheriting ascendant.
2. The deceased has no inheriting descendant.

Article 222 - Inheritance of Multiple Maternal Siblings

If the deceased has multiple maternal siblings, male and female, the one-third shall be divided among them equally, with no difference between the male’s share and the female’s share.

Article 223 - Definition of Exclusion from Inheritance (Hajib)

Exclusion is the deprivation of someone who has a reason for inheritance from all or part of the inheritance.

Article 224 - Cases of Exclusion

1. Someone who has an impediment to inheritance does not exclude others.
2. Whoever is excluded from inheritance due to deprivation or reduction excludes others if there is a reason for exclusion.

Article 225 - Types of Residuary Heirs (‘Asabah)

There are three types of residuary heirs:

1. Residuary heir by themselves (‘asabah bi-nafsihi).
2. Residuary heir by another (‘asabah bi-ghayrihi).
3. Residuary heir with another (‘asabah ma’a al-ghayri).

Article 226 - Residuary Heir by Themselves

The residuary heirs by themselves are the male heirs by kinship except for the maternal brother. The order of their lines is as follows:

1. Sonship, which includes the deceased’s sons and grandsons, however low.
2. Fathership, which includes the deceased’s father and paternal grandfather, however high.
3. Brotherhood, which includes the deceased’s full brothers or paternal brothers, and their sons, however low.
4. Uncleship, which includes the deceased’s paternal uncles, whether full or paternal, the paternal uncles of their father, and the paternal uncles of the paternal grandfather, however high (full or paternal), and the sons of the paternal uncles (full or paternal), however low.

Article 227 - Residuary Heir by Another

1. The residuary heirs by another are:

   • a. Two or more daughters with a son.
   • b. Two or more son’s daughters with a grandson in their degree or lower than them in inheritance.
   • c. Two or more full sisters with a full brother.
   • d. Two or more paternal sisters with a paternal brother.

2. Inheritance in the cases mentioned in Clause (1) of this Article shall be with the male receiving twice the share of the female.

Article 228 - Residuary Heir with Another

The residuary heirs with another are: one or more full sisters or paternal sisters, with one or more daughters or son’s daughters. The sister in this case is treated like the brother in being entitled to the remainder and in excluding the remaining residuary heirs.

Article 229 - Inheritance of the Residuary Heir by Themselves

If the residuary heir by themselves is single, they take the entire estate. If they are with a fixed-share heir, they take what remains of the estate after the fixed shares, and the residuary heir by themselves is excluded, taking into account the provision of Article (240) of this Law.

Article 230 - Order of Residuary Heirs

1. In residuary inheritance, the first line is preferred according to the order mentioned in Article (226) of this Law, then the closest degree to the deceased if the line is the same, then the strongest kinship if they are equal in degree.
2. Residuary heirs share in being entitled to the remainder by residuary inheritance if they are in the same line and are equal in degree and strength.
3. A full relative is stronger than a paternal relative in the same line.

Article 231 - Inheritance of the Residuary Heir by Another and the Residuary Heir with Another

The residuary heir by another and the residuary heir with another take what remains of the estate after the fixed shares if one of them is with a fixed-share heir, and are excluded if the fixed shares exhaust the estate.

Article 232 - Conflict Among Fixed-Share Heirs

If the shares of fixed-share heirs conflict in the estate, their shares shall be reduced proportionally to their fixed shares.

Article 233 - Returning the Remainder of the Estate to Fixed-Share Heirs

If the fixed shares do not exhaust the estate and there is no residuary heir, the remainder shall be returned to the fixed-share heirs other than the spouses proportionally to their fixed shares.

Article 234 - Definition of Distant Kin (Dhawu al-Arhaam)

Distant kin are any relatives who do not inherit by fixed share or residuary share.

Article 235 - Types of Distant Kin

Distant kin have three lines as follows:

1. Paternal line, which includes everyone whose kinship is connected to the deceased through the father. They are the following relatives:
   • a. The non-inheriting grandfather according to the provision of Clause (1) of Article (214) of this Law.
   • b. The non-inheriting grandmother according to the provision of Clause (1) of Article (216) of this Law.
   • c. The paternal uncle of the mother.
   • d. The paternal aunt.
   • e. The daughter of the paternal uncle.
   • f. The daughter of the full brother or paternal brother.
   • g. The son of the sister for other than the mother.
   • h. The son of the sister in general.
2. Maternal line, which includes everyone whose kinship is connected to the deceased through the mother. They are the following relatives:
   • a. The non-inheriting grandfather according to the provision of Clause (1) of Article (214) of this Law.
   • b. The non-inheriting grandmother according to the provision of Clause (1) of Article (216) of this Law.
   • c. The maternal uncle.
   • d. The maternal aunt.
   • e. The children of the maternal brother and sister.
   • f. The children of the aforementioned relatives.
3. Line of descent, which includes all descendants of the deceased. They are the following relatives:
   • a. The son of the daughter.
   • b. The son of the son’s daughter.
   • c. The children of the aforementioned relatives.

Article 236 - Cases of Inheritance of Distant Kin

Distant kin inherit in either of the following two cases:

1. If there is no heir by fixed share or residuary share.
2. If there is one of the spouses and there is no heir with them by fixed share or residuary share.

Article 237 - Distribution of the Estate of Distant Kin

The inheritance of distant kin shall be by placing each of them in the position of the heir through whom they are connected, in terms of inheritance and exclusion, with no difference between the male’s share and the female’s share.

Article 238 - Union of Lines of Distant Kin

If the lines of distant kin are united and some of them are closer to the deceased, the more distant ones are excluded. If the lines differ, the distant relative inherits with the presence of the closer relative.

Article 239 - Al-Akdariyyah

The paternal grandfather is a residuary heir to the full sister or paternal sister, and she does not inherit with him by fixed share except in al-akdariyyah, which is a husband, a mother, a paternal grandfather, and a full sister or paternal sister. The husband receives one-half, the mother receives one-third, the paternal grandfather receives one-sixth, and the sister is assigned one-half, which is added to the paternal grandfather’s one-sixth, and the total is divided between them with the male receiving twice the share of the female.

Article 240 - Al-Mushtarakah

The full brother inherits by residuary share, except in al-mushtarakah, which is a husband, a mother or paternal grandmother, a number of maternal brothers, and a full brother or full brothers. The husband receives one-half, the mother or paternal grandmother receives one-sixth, and the one-third is divided between the maternal brothers and the full brothers with the male receiving twice the share of the female.

Article 241 - Ruling on the Estate if There is No Heir

If there is no heir by fixed share, residuary share, or distant kinship, the estate shall be considered as charitable waqf under the supervision of the entities concerned therewith after approval from the competent court.

Article 242 - Inheritance of the Missing Person

1. The missing person’s share in their deceased’s estate shall be preserved, assuming they are alive. If they reappear alive, they shall receive it. If a judgment is issued declaring their death before the death of their deceased, their share shall be returned to whoever is entitled to it among the heirs at the time of the judgment.
2. If a judgment is issued declaring the missing person deceased and their estate is distributed among their heirs, and then they reappear alive, the provision of Clause (1) of Article (170) of this Law shall apply.

Article 243 - Inheritance of the Fetus

A share shall be preserved for the fetus from their deceased’s estate, the greater of the two shares for a male or female or more, based on a certified medical report specifying the number of fetuses. The remaining heirs shall be given the lesser of the two shares. If the fetus is delivered and its death or life, gender, and number are determined, the remainder of the estate shall be distributed among the heirs according to their shares.

Article 244 - Inheritance of the Acknowledged Person

1. If some of the heirs obligated to participate in the inheritance or an excluder of one of them acknowledge inheritance and the others deny it or are not obligated and evidence is presented, the inheritance of the acknowledged person from the deceased shall be established.
2. If evidence is not presented, the acknowledged person shall share with the acknowledger in their entitlement from the inheritance if they are an heir.

Article 245 - Inheritance of One Who is Not Attributed to Their Father

One who is not attributed to their father, one whose paternity is denied, and a child of li’an shall inherit from their mother and her relatives, and their mother and her relatives shall inherit from them.

Article 246 - Heirs’ Acknowledgment of Paternity

1. The deceased’s acknowledgment of paternity during their lifetime shall not have any effect on the heirs unless the acknowledgment meets the conditions for its validity.
2. If paternity is acknowledged over someone else and it is not proven according to Article (91) of this Law, and the acknowledger does not retract their acknowledgment, the acknowledged person shall be entitled to the acknowledger’s estate unless there is an heir to them.
3. If some of the heirs acknowledge another person’s paternity over their deceased, the acknowledged person shall share with the acknowledger in their entitlement from the inheritance without others unless they are excluded by them.

Article 247 - Mutual Release from the Estate (Takhaarij)

1. Mutual release is an agreement by some of the heirs or the beneficiary to relinquish their share of the estate or part thereof in exchange for something known from it or from something else.
2. Mutual release must be documented before the competent authority according to the applicable legislation.

Article 248 - Cases of Mutual Release from the Estate

1. The heirs may mutually release with each other or with the beneficiary if the estate is known to all parties to the mutual release or is unknown and it is impossible to know it within a period that is usually short. The court shall determine this period according to the nature, location, and amount of the property subject to mutual release.
2. If the unknown nature of the estate can be known within a period that is usually short, and mutual release occurs before the parties to the mutual release know the estate, whoever is unaware of the situation may request the invalidation of the mutual release.

Article 249 - Types of Mutual Release from the Estate

1. If one of the heirs mutually releases with another of them, their share shall be due and they shall be replaced in the estate.
2. If one of the heirs mutually releases with the rest of them in exchange for compensation they receive from the estate, the share of the releasing heir shall be divided among the remaining heirs according to their shares in the estate.
3. If one of the heirs mutually releases with the rest of them in exchange for known compensation from outside the estate, the share of the releasing heir shall be divided among the remaining heirs according to the proportion of what each of them paid, unless they agree otherwise.
4. If it is not known what each of the heirs paid and the method of dividing the share of the releasing heir is not stipulated in the mutual release contract, their share shall be divided among the remaining heirs according to their shares in the estate.

Article 250 - Evasion of Inheritance

Any evasion of inheritance by sale, gift, will, or other dispositions shall be considered invalid.

Chapter Thirteen - Penalties

Article 251

Without prejudice to any more severe penalty, 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 imposed on anyone who manages the affairs of a minor or someone deemed as such and commits any of the following acts:

1. Disposes of, embezzles, uses, squanders, or conceals the property or documents of the minor or someone deemed as such, to their detriment, or disposes of them without the court’s permission and the court does not approve the disposition afterwards.
2. Causes harm to the property of the minor or someone deemed as such due to their error or negligence.
3. Refuses, without just cause, to hand over the documents of the minor or someone deemed as such and all related accounts and documents to whomever is concerned.
4. Disposes of, uses, or deals with the minor’s property and documents after the end of their capacity over the minor.

The issuance of a criminal judgment of conviction in Clauses (1) and (2) of this Article shall be a reason for depriving guardianship over the property and the like.

Article 252

Without prejudice to any more severe penalty, imprisonment and a fine of no less than (5,000) five thousand dirhams and no more than (50,000) fifty thousand dirhams, or one of these two penalties, shall be imposed on any custodian who travels with the child in their custody without permission from their guardian or the court, or uses a document or its image related to the child in custody or benefits from it unjustly.

Article 253

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 imposed on anyone who conceals, squanders, damages, or fraudulently seizes any part of the estate’s property, even if they are an heir.

Article 254

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 imposed on anyone who:

1. Mistreats, abuses, neglects, or refuses to care for their parents or one of them, or leaves them without care, while being able to do so.

2. Refuses to maintain their parents or one of them, when their maintenance is obligatory on them pursuant to a court judgment.

Article 255

A criminal lawsuit may not be filed regarding the acts stipulated in Articles (252), (253), and (254) of this Law except based on a complaint from the concerned party. The criminal lawsuit shall lapse if the waiver occurs after the crime and before a final judgment is issued on it. If the waiver occurs after the judgment becomes final, its execution shall be suspended.