Federal Law No. (28) of 2005 On Personal Status

Preamble
We, Khalifah Bin Zayed Al Nahyan, President of the United Arab Emirates State,
Pursuant to the perusal of the Constitution; and:
Federal Law No. (1) of 1972 On the Jurisdiction of the Ministries and the Powers of the
Ministers and its amending laws;
Federal Law No. (10) of 1973 On the Federal Supreme Court and its amending laws;
Federal Law No. (6) of 1978 On the Establishment of Federal Courts and the Transfer of
the Jurisdictions of the Local Courts in Some of the Emirates to These Federal Courts and
its amending laws;
Federal Law No. (17) of 1978 On Organization of the Cases and Procedures of Appeal in
Cassation Before the Federal Supreme Court and its amending laws;
Federal Law No. (3) of 1983 On the Federal Judicial Authority and its amending Laws;
The Penal Law issued by Federal Law No. (3) of 1987;
The Civil Transactions Law issued by Federal Law No. (5) of 1985 and its amending
laws;
Federal Law No. (22) of 1991 On the Notary Public and its amending laws;
The Law of Evidence in Civil and Commercial Transactions, issued by Federal Law No.
(10) of 1992;
The Law on Civil Procedures, issued by Federal Law No. (11) of 1992;
Federal Law No. (21) of 1997 on Fixing the Dowry in the Contract of Marriage and its
Expenses; and
Acting upon the proposal of the Minister of Justice and Islamic Affairs and Wakfs, the
approval of the Council of Ministers and ratification of the Federal Supreme Council;
We have promulgated the following Law:
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GENERAL PROVISIONS
Article (1)
1. The present Law shall apply to all facts occurring subsequent to the coming into force of
its provisions.
It shall retrospectively apply to divorce attestations and divorce lawsuits that have not
received final settlement.
2. The provisions of this Law shall apply to citizens of the United Arab Emirates State
unless non-Muslims among them have special provisions applicable to their community
or confession. They shall equally apply to non-citizens unless one of them asks for the
application of his law.
Article (2)
1. In understanding, interpreting or construing the legislative provisions of this Law, the
principles and rules of the Muslim doctrine shall be consulted.
2. The provisions of this Law shall apply to all matters dealt with herein, in words and
context. For the purposes of interpretation and completion of their provisions, the
doctrinal school of thought from which these matters derived shall be consulted.
3. In the absence of a text in this Law, judgment shall be given in accordance with what is
widely known of Malik’s doctrine, then Ahmed’s, then El Shaffei’s, then Abi Hanifa’s
doctrine.
Article (3)
Unless otherwise provided, the lunar computation shall be adopted in calculating the time
limits mentioned in this Law.
Article (4)
In the absence of any text in this Law regulating the procedures of any matter, the
provisions of the Civil Procedures Law and the Law of Evidence in Civil and Commercial
Transactions shall apply.
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Article (5)
The State courts shall have jurisdiction on Personal Status litigations in which citizens, or
aliens, having a domicile or residence or place of business in the State, are defendants.
Article (6)
The State courts shall have jurisdiction on Personal Status lawsuits raised against an alien
who has not, in the State, a domicile or residence or place of business, in the following
instances:
1) Where the lawsuit is an opposition to a marriage to be contracted in the State.
2) Should the lawsuit concern a claim in rescission or annulment of a marriage, in
repudiation or in divorce and the claim is introduced by either a citizen wife or a wife
having lost her citizenship, whenever any of the two have a domicile or residence in the
State, against her husband who had a domicile, residence or place of business in the State,
whenever the husband had abandoned his wife and established his domicile, residence or
place of business abroad or had been deported from the State.
3) If the lawsuit concerns a claim of alimony to the parents, the wife or the minor whenever
they have in the State a domicile, residence or place of business.
4) Where the lawsuit concerns the affiliation of a child, having in the State a domicile or
residence, or is related to the guardianship on the person or property, whenever the minor
or the person to be interdicted has, in the State, a domicile or residence or if the absent
had therein his last domicile, residence or place of business.
5) Should the lawsuit concern a matter of Personal Status and the plaintiff is a citizen, or an
alien having in the State a domicile, residence or place of business, in case the defendant
has no known domicile or residence in a foreign country or if the national law is, in the
State, the governing law.
6) Where there are more than one defendant and one of them has, in the State, a domicile,
residence or place of business.
7) If he has a domicile of choice in the State.
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Article (7)
In instances where the State courts have jurisdiction in accordance with Article (6) of this
Law, the court of the plaintiff’s domicile, residence or place of business shall be
competent otherwise the court of the Capital.
Article (8)
1. The first instance court of restricted jurisdiction, composed of a single judge, shall have
jurisdiction to settle Personal Status matters.
2. The authentications’ judge shall authenticate the attestations delivered by the court.
The Minister of Justice and Islamic Affairs and Wakfs shall issue a regulation on the
procedures to be followed in attestations and their authentication.
Article (9)
1. The court of the defendant’s domicile, residence or place of business shall be competent
and, in case there are several defendants, the court of the domicile, residence or place of
business of one of them shall have jurisdiction.
2. The court of the plaintiff’s or defendant’s domicile, residence or place of business, or the
conjugal domicile, shall have jurisdiction to examine the lawsuits introduced by the
children, the wife, the parents or the fostering nurse, as the case may be, in the following
instances:
a) Costs, wages and the like.
b) Fostering, visitation and related matters.
c) Dowry, trousseau, gifts and the like.
d) Divorce, divorce in return of money, discharge, rescission and separation between
spouses of all kinds.
3. The court of the deceased’s last domicile, residence or place of business in the State shall
have jurisdiction to verify the evidence of heredity, wills and liquidation of the estate. If
the deceased has no domicile, residence or place of business in the State, the competent
court shall be the one in whose jurisdiction one of the estate’s immovable property is
situated.
4. In matters of tutelage, the competence ratione loci shall be determined as follows:
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a) In matters of tutelage, the domicile or residence of the tutor or the minor; in matters
of guardianship, the last domicile or residence of the guardian or that of the minor.
b) In matters of interdiction, the domicile or residence of the interdicted-to-be.
c) In matters of absence, the last domicile, residence or place of business of the absent.
d) In case any of the above-mentioned in paragraphs (a, b, and c) have no domicile or
residence in the State, competence shall be given to the court of the claimant’s
domicile or residence or the court in whose jurisdiction the property of the person to
be protected is located.
e) The court which ordered interdiction, withdrawal or cessation of tutorship shall refer
the case to the court of the minor’s domicile or residence in order to appoint a tutor
or guardian in case the domicile or residence of the minor or the interdicted has
changed.
5. Should the defendant have no domicile, residence or place of business in the State and it
was not possible to designate the competent court, under the foregoing provisions, stated
in the above paragraphs, competence shall be given to the court of the plaintiff’s domicile,
residence or place of business, otherwise to the court of the Capital.
Article (10)
1. Where the law requires an authorisation or approval from the court, or to submit the
matter to the judge, the request for the order shall be submitted to the court of the
applicant’s domicile or residence, unless otherwise provided by law.
2. Every interested person may, within one week from his notification of the order, submit a
grievance against such order; the court shall decide to uphold, amend or cancel it and its
decision shall be subject to appeal by all means specified by law.
3. The application for appointment of a trustee shall be submitted on a request for the order
that has to be notified to the public prosecution and the potential heirs.
Article (11)
Unless otherwise decided by the court, a stay of execution shall not result from the
opposition to the implementation of judgments, summary or provisional decisions, the
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minutes drawn-up or authenticated or the ratified conciliation reports concerning alimony,
fostering; or appeal thereof.
Article (12)
In case of applying for the declaration of absence of a person, the litigation shall be
directed against the potential heirs of the absent, his proxy, the one appointed to represent
him and to the public prosecution.
Article (13)
Where the Court of Cassation quashes the appealed judgment, totally or partially, it shall
have to decide on the merits of the case.
Shall be excepted from the foregoing paragraph:
1) Where the appealed judgment has been cancelled on grounds of nullity, due to a reason
related to the notification of the initial pleadings, the court shall, in addition to the
declaration of nullity, order to return the case to the court of first instance for
examination, after notifying the litigants, considering that the appeal against the
notification judgment concerns the claims submitted in the case.
2) In case the appealed judgment has decided the non-jurisdiction of the court or the
acceptance of an incidental plea that resulted in staying the procedures of examining the
case or in upholding the appealed judgment on these two counts and the Court of
Cassation quashed the appealed judgment, it has to remit the case to the court that has
rendered the appealed judgment unless it decides to transmit to a circuit composed of
other judges or to the competent court for review of the case. The court to which the case
is transmitted has to abide by the decision of the Court of Cassation in the matter settled
by it, unless it is the second appeal, then, should the Court of Cassation quash the
appealed judgment, it has to decide on the merits of the case.
Article (14)
1. The defendant or the person to be notified shall be served the notification at his domicile,
residence, place of business, elected domicile or wherever he is present and if such
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notification is not possible, the court may notify him by fax, electronic mail, registered
mail with acknowledgment of receipt or by any equivalent means.
2. In case the process server does not find the concerned person at his domicile, or residence
he may deliver the notice to any of the persons living with him: spouse, relatives sons-inlaw;
or if he does not find him at his place of business he may deliver it to his superior at
work or one deemed by him as occupying a managerial position. Under all circumstances,
the notice should be delivered only to a person who appears to have completed his
eighteen years of age and who, in person or through a representative, has no apparent
interest in conflict with that of the notified person.
3. If the service processor does not find any of those having the capacity to receive a copy of
the notice or if they refuse to sign the original acknowledging receipt or to take delivery
of a copy of the notice after verifying his identity or if the place is closed, he must deliver,
the same day, the copy to the officer or his substitute in charge of the police station of the
domicile of the person to be served, his residence or place of business, as the case may be.
In addition, the service processor must address by mail to the concerned person, at his
domicile, residence, place of business or elected domicile, a registered letter informing
him that the copy has been delivered to the police station.
4. The Court may, by exception to the foregoing paragraph, order the posting of a copy of
the notice on the bulletin board and on the door of the concerned person’s place of
residence, or of the place of his last residence, or, if necessary, by publishing the notice in
two dailies, issued in the State or abroad in the Arabic or foreign languages, as the case
may be.
5. Where the court has verified that the person to be notified has no domicile, residence,
place of business, fax, E-mail or a postal address, it shall notify through publication in
two dailies issued in the State or abroad in the Arabic or foreign languages, as the case
may be, and the date of the publication shall be considered as the date of notification.
6. As concerns persons who have abroad a known domicile, residence or place of business,
copy of the notice shall be delivered to deputy – minister of Justice to be notified to them
through diplomatic channels or by registered mail with acknowledgement of receipt.
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7. Publication of the notice shall be effective as of the date of notifying the copy,
dispatching of the Fax or E-mail, reception of the registered mail with acknowledgement
of receipt or as of the date of publication, in accordance with the foregoing provisions.
Article (15)
1. A judgment shall be notified to the condemned person either at his domicile, place of
business or residence, otherwise through the means specified in Article (14) of this Law,
upon order of the Court that has rendered the judgment or upon request from the party in
whose favour the judgment was rendered.
2. The period set for appeal of the judgment shall start the day following the date of its
issuance if given in the presence of the parties, or the day following notification of the
losing party if the judgment was given in the supposed presence of the parties.
3. The period set for appeal and for further appeal to the Court of Cassation is thirty days for
each.
4. The party in whose favour a judgment has been rendered for divorce, separation,
rescission, nullity of a contract or declaration of death of the absentee, must notify the
judgment to the losing party or the party against whom the judgment was rendered, as if
he was present, in order that the periods of appeal start to run.
Article (16)
1. The lawsuit concerning personal status matters shall not be admitted before the court
unless it has previously been submitted to the Family Orientation Committee. Are
excepted from this provision, matters concerning wills, inheritance and like matters,
summary and provisional lawsuits concerning alimony, fostering, guardianship as well as
cases that cannot be settled by conciliation such as evidence of marriage or divorce.
2. Where conciliation between the parties takes place before the Family Orientation
Committee, it shall be recorded in a minutes signed by the parties and the competent
member of the Committee. The minutes shall be sanctioned by the competent judge,
enforced as an executory deed and shall not be subject to any means of appeal except if it
is in violation to the provisions of this Law.
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3. The Minister of Justice, Islamic Affairs and Wakfs shall issue the implementing
regulation organising the work of the Family Orientation Committee.
BOOK ONE. MARRIAGE
Title One. Engagement
Article (17)
1. Engagement is a request and a pledge for marriage but is not considered marriage.
2. Engagement of an impeached woman, even if impeachment is provisional, is prohibited
and the engagement of a widow during the period of widowhood may be attacked.
Article (18)
1. Any of the parties may renounce to his engagement and if a prejudice is sustained as a
result of an unjustified renouncement, the injured party may claim damages for the
prejudice sustained. The person causing renunciation shall be treated as the one who
renounces.
2. The party who renounces to the engagement or dies may recoup the dowry paid in kind
or, if it cannot be restituted as such, its equivalent at the date of payment.
3. Where the engaged woman purchases a trousseau for the total or part of the dowry then
the engaged man renounces to his engagement, she will have a choice either to restitute
the dowry or hand over its equivalent of the trousseau at the time of purchase.
4. Shall be considered among the dowry, gifts that are considered customarily as part
thereof.
5. In case any of the parties unjustifiably renounces to the engagement, and in the absence of
a condition or custom, he shall not be entitled to recover any of the gifts offered by him
and the other party may recoup what he has offered.
6. Where the renunciation is justified, the renouncing party may recover what he has
offered, if it still exists, or its amount at the date of payment, if it has perished or is
consummated, but the other party may recoup nothing.
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7. In case the engagement is terminated by mutual renunciation of the parties, each one of
them is entitled to recover what he offered, if still existing.
8. Where the engagement is terminated because of death or for a reason not attributed to any
of the parties, or because of an impediment to marriage, the gifts offered may not be
restituted.
Title Two. General Provisions of Marriage
Article (19)
Marriage is a contract that legitimates enjoyment between spouses; its aim is protection
and forming a steady family under the husband’s care on basis ensuring to the spouses the
assumption of its charges with affection and compassion.
Article (20)
1. Spouses are bound by the conditions exchanged except those legitimising the illicit or
banning the legitimate.
2. Where the contract of marriage contains a condition that is inconsistent with the
foundations of marriage, the contract is void.
3. Where the contract is subject to a condition that is not inconsistent with the foundations of
marriage but is in contradiction with its requirements or is considered illicit by law, the
condition is void but the contract valid.
4. If neither inconsistent with the foundations of marriage nor in contradiction with its
requirements and if not legally banned, the condition is valid and should be fulfilled. In
default thereof, the party benefiting of such condition may rescind the marriage, whether
he be the husband or the wife, and the former shall be exempted from alimony, payable
during the waiting period following the dissolution of marriage, if the defaulter is the
wife.
5. Should any of the spouses conditions in the other a specific attribute but the contrary was
revealed, the party requiring such attribute may ask for rescission of the marriage.
6. Disavowal negates the effect of any condition unless it is written in the registered contract
of marriage.
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7. The right to rescind a contract is foreclosed if forfeited by its owner or if he expressly or
impliedly accepts the contrary. Shall be considered an implied acceptance, the lapse of
one year following the occurrence of the violation with knowledge thereof and in case of
irrevocable divorce.
Article (21)
1. As a condition for the binding effect of a marriage, the man must be suitably qualified to
deserve the woman, but only at the formation of the contract. The woman and her tutor
are entitled to ask for the rescission of the contract on grounds of lack of such
qualification. The contract shall not be affected by the disappearance of such qualification
thereafter.
2. If the engaged persons are of inadequate age, i.e. the man’s age is double the age of the
woman, or more than that, the marriage shall take place only with the consent and
knowledge of the parties thereto after securing the authorisation of the judge who will
withhold it unless there is an interest in such marriage.
Article (22)
Fitness in religion is the measure of aptitude for the husband but, aside religion, custom
shall determine the other grounds of aptness.
Article (23)
1. Aptness is a right to both the woman and her fully capacitated tutor.
2. The remote, in rank, among tutors may not object for lack of aptitude except in case of
inexistence of the nearest tutor or his incapacity.
Article (24)
If the man alleges his aptness or uses deceitful devices to give this impression or if it was
made a condition in the contract and it was thereafter revealed that he was not apt, both
the wife and her tutor are entitled to ask for rescission.
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Article (25)
The right to ask for rescission is forfeited if the wife is pregnant, if a year has elapsed
since knowledge of the marriage or by previous consent of the one who has the right to
ask for rescission.
Article (26)
The tutor may not ask for rescission on grounds that the dowry is below that paid in equal
condition.
Article (27)
1. Marriage shall be officially recorded but, in consideration of a certain fact, it may be
established by other means of proof admitted by the Sharia.
2. Marriage is conditioned upon the submission of a medical report from a competent
medical Committee formed by the Minister of Health, certifying that the spouses are free
of any disease that the law considers a ground for separation.
3. The recording of the marriage shall be done by the authorised representatives of the
religious authority. The Minister of Justice, of Islamic Affairs and Wakfs shall issue a
regulation in their respect.
Article (28)
1. The tutor may not conclude the marriage of the insane, the imbecile or persons in their
status without the authorisation of the judge and the fulfilment of the following
conditions:
a) Acceptance of the other party to marry him after he has been informed of his
condition.
b) His disease is not transmitted to his progeny.
c) His marriage is in his interest.
2. The fulfilment of the two conditions (b) and (c) shall be verified by a report drawn up by
a competent Committee to be formed by the Minister of Justice, Islamic Affairs and
Wakfs in coordination with the Minister of Health.
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Article (29)
A male prodigal having attained the age of majority or one whose prodigality accrued
later may engage in marriage but the tutor may object to the portion of the dowry in
excess of the customary limit. Shall be excepted the foreclosure of financial rights
resulting from marriage.
Article (30)
1. Capacity to marriage is completed by reason and maturity. The age of maturity is 18
years, completed unless the person concerned matures earlier in conformity with the law.
2. Whoever matures before reaching the age of eighteen may not marry unless he obtains the
authorisation of the judge and after verifying the existence of an interest.
3. Should the person having completed the age of eighteen request marriage but did not
succeed in obtaining the approval of his tutor, he may raise the matter before the judge.
4. The judge shall fix a period for the tutor, after his notification, to appear before him to
hear his argument. Should he fail to appear, or his opposition to the marriage is not
convincing, the judge shall celebrate the marriage.
Article (31)
Whoever gets married, according to Article (30), shall acquire capacity in all what relates
to the marriage and its effects, with the exception of forfeiture of his pecuniary rights
resulting from marriage.
Article (32)
The tutor, in marriage, is the father then the agnates by themselves according to the
succession order: son, then brother, then uncle. Should two tutors be equal in degree of
kinship, the marriage that was concluded according to the conditions set forth by any of
them shall be valid. The one authorised by the engaged female shall be appointed.
Article (33)
The tutor must be a male of sound reasoning, fully capacitated, not prohibited on account
of pilgrimage and Muslim if tutorship is to be given to a Muslim.
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Article (34)
Should the most closely related tutor be interruptedly absent, his place of living unknown
or impossible to be contacted, tutorship shall pass to the one following him in rank with
the judge’s permission and, in case of prevention of marriage, tutorship shall pass to the
judge.
Article (35)
The judge is the tutor of whoever has no tutor.
Article (36)
The judge may not marry his ward for himself, his ascendant or descendant.
Article (37)
1. Proxy in marriage is possible.
2. The proxy may not marry for himself his principal unless it is so provided in the
procuration deed.
3. Should the proxy go beyond the limits of his authority, the contract is suspended.
Title Three. Elements and Conditions
Article (38)
The elements of a marriage contract are:
1) The two contracting parties (the husband and the Tutor).
2) The Object.
3) Offer and Acceptance.
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Chapter I. The Spouses
Article (39)
The tutor of the capacitated woman shall proceed with her marriage, with her consent and
the religious authorised official shall obtain her signature on the contract.
The contract is invalid in the absence of a tutor. If marriage has been consummated the
spouses shall be separated and the affiliation of the born child is established.
Article (40)
As a condition for the formation of marriage, the woman must not be permanently or
provisionally prohibited to the man.
Chapter II. Contract Text
Article (41)
Offer and acceptance are subject to the following:
1) The word “marriage” must be expressly used therein.
2) They must be of immediate fulfillment and not indicating a future time. Consequently,
the marriage shall not be concluded if made subject to an unrealised condition, or if the
contract is carried for a future date or the marriage is temporary.
3) The acceptance should meet, expressly or impliedly, the offer; the parties maintaining
their capacity until the formation of the contract.
4) Unity of the meeting of the parties: in their presence, the acceptance should verbally
occur immediately following the offer and, between absents, the acceptance should be
during the meeting in which the letter is read before witnesses or they be informed of its
contents or by informing the emissary. The acceptance shall not be late as to the offer if
they are not separated by what amounts to rejection.
5) Maintenance of the validity of the offer until the issuance of the acceptance. The offeror
has the right to withdraw his offer until the issuance of the acceptance.
6) Each of the contracting parties has to hear the words uttered by the other, being aware that
the objective is marriage although he did not understand the meaning of such words.
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In case of incapacity to express oneself, writing shall be the substitute and, if impossible,
then a significant sign would suffice.
Chapter III. Prohibitions
Section 1. Permanent Prohibitions
Article (42)
Due to kinship, a person is prohibited to marry:
1) his ascendant to the highest degree;
2) his descendant to the remotest degree;
3) descendants of the two parents or one of them, to the remotest degree;
4) the first category of the descendants of one of the grandparents.
Article (43)
Due to affinity, a person is prohibited to marry:
1) one who was the spouse of one of his ascendants, to the highest degree, or one of his
descendants, to the lowest degree;
2) ascendants of the husband, to the highest degree;
3) descendants of his wife in a consummated marriage, to the lowest degree.
Article (44)
A person shall be prohibited from marriage to his adulterous descendant, to the lowest
degree or his daughter proscribed for adultery.
Article (45)
A man shall be prohibited to marry the one he cursed as adulterous, after completion of
the curse.
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Article (46)
Shall be prohibited from fostering what is prohibited by kinship or affinity excluding
what is excepted by law; under the two following conditions:
1) Fostering should occur in the first two years.
2) Fostering should reach five different feedings.
Section 2. Temporary Prohibitions
Article (47)
Shall be temporarily prohibited:
1) Grouping, even during the waiting period, between two women, should one of them,
supposed by a male, he would have been prohibited to marry the other.
2) Grouping more than four women.
3) The wife of another person.
4) A woman in her waiting period from another man.
5) A repudiated woman whose repudiation is not retractable, the repudiator may not remarry
her repudiator unless after the expiry of her waiting period from another husband who
consummated a valid marriage.
6) A prohibited woman on account of pilgrimage.
7) A non-Muslim woman unless she is a believer in one of the Revealed religions.
8) The marriage of a Muslim woman from a non-Muslim.
Chapter IV. Conditions of the Contract
Article (48)
1. The validity of the marriage is subject to the presence of two witnesses, males, of full
capacity, sound minded, hearing the words pronounced by the contracting parties and
aware that the aim of such words is marriage.
2. The two witnesses must be Muslims but two witnesses from one of the Revealed religions
may witness the marriage of a Muslim with a woman of such Revealed religion.
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Chapter V. The Dowry
Article (49)
Dowry is what is offered by the husband, in money or property, for the purpose of
marriage. There is no minimum limit to it but the maximum is subject to the Law on
Dowries.
Article (50)
Notwithstanding anything to the contrary, dowry is the property of the bride, she can
freely dispose of it.
Article (51)
1. If the amount of dowry is validly determined in the contract, the amount spelt out is due
to the woman.
2. In case it is not determined in the contract, invalidly stated or originally denied, she is
entitled to an equal dowry payable to a bride under the same circumstances.
Article (52)
1. Dowry may, in whole or part, be advanced or deferred upon the formation of the contract.
2. Dowry is due by virtue of a valid contract. It becomes certain by a consummation of the
marriage, valid privacy or death. The deferred part of it shall become due by death or
repudiation.
3. The repudiated woman, before consummation of the marriage, is entitled to half the stated
dowry and, if not determined, the judge may adjudge to her a compensation not exceeding
half the dowry payable under similar circumstances.
Article (53)
1. The wife may refuse intercourse until the due part of the dowry is paid.
2. Should the wife accept intercourse before receiving her dowry from her husband, it
becomes a debt owed by him.
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Chapter VI. Mutual Rights
Article (54)
Mutual rights and obligations between the spouses are:
1) Legitimate mutual enjoyment of each other within what is allowed by law.
2) Lawful cohabitation.
3) Good treatment, mutual respect and compassion and preservation of the family welfare.
4) Care of the children and their education thus assuring upbringing on a sound basis.
Article (55)
Rights of the wife towards her husband:
1) Alimony.
2) Non-obstruction to complete her education.
3) Non-opposition to visit her ascendants, descendants and brothers.
4) Non-interference with her personal properties.
5) Non-infliction of bodily or moral prejudice to her.
6) Equitable treatment between her and the other wives, in case the husband has taken more
than one wife.
Article (56)
Rights of the husband towards his wife:
1) Willful obedience.
2) House supervision and preservation of its contents.
3) Suckling his children from her unless there is an impediment.
Title Four. Kinds of Marriages
Article (57)
Marriage is either valid or invalid and the latter includes the defective and the void
contracts.
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Article (58)
1. A valid marriage is one in which all basic elements are present, its conditions fulfilled and
free of impediments.
2. A valid marriage shall produce its effects upon its formation.
Article (59)
1. A defective marriage is one where some of its conditions are missing.
2. A defective marriage does not produce any effect prior to coitus.
Article (60)
A defective marriage shall, after coitus, produce the following effects:
1) The specified dowry or a reciprocal dowry under same circumstances, whichever is
smaller.
2) Establishment of kinship.
3) The prohibition because of affinity.
4) Waiting period because of dissolution of marriage.
5) Alimony as long as the wife ignores the defectiveness of the contract.
Article (61)
1. A void marriage is the one where one of its basic elements is defective.
2. Unless otherwise provided by this Law, a void marriage shall not produce any effect.
Title Five. Effects of Marriage
General Provisions
Article (62)
1. A woman having reached the age of full capacity is free to dispose of her property and the
husband may not, without her consent, dispose thereof; each one of them has independent
financial assets. If one of the two participates with the other in the development of a
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property, building a dwelling place or the like, he may claim from the latter his share
therein upon divorce or death.
2. In donations or similar dispositions, between the children or the wives equality must exist
unless the judge deems that there is an interest thereto. Should there be no equality, the
judge shall bring it into effect and shall exclude it from the succession.
Chapter I. Alimony
Article (63)
1. Alimony includes food, clothing, dwelling, medical care, servicing charges for the wife, if
she is performing such services within her family, and all what the conjugal relationship
kindly requires.
2. In assessing the amount of alimony, it shall be taken into consideration the possibilities of
the debtor thereof, the circumstances of the beneficiary and the economic situation, in
place and time, provided it does not fall below the sufficiency level.
3. In adjudging alimonies of all kinds, fostering and dwelling charges and all conditions on
which depends adjudging all these, eye-witnessing shall suffice.
Article (64)
1. Alimony may be increased or reduced according to the change of circumstances.
2. Save in exceptional circumstances the action in increment or reduction of the alimony
may not be heard prior to the lapse of one year as of the date of deciding it.
3. The increase or decrease of alimony is computed from the date of claim in court.
Article (65)
The continuous alimony has privilege over all debts.
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Section 1. Alimony of the Wife
Article (66)
Alimony is due to the wife by virtue of a valid contract if she abandons herself to her
husband even inevitably.
Article (67)
Alimony to the wife is due as of the date of refrainment from payment when due as a debt
on the husband, independently of a court judgment or agreement. It is not forfeited except
by payment or discharge.
A claim for alimony, for a past period exceeding three years from the date of introducing
action in court, shall not be heard unless it is imposed by agreement.
Article (68)
The judge shall, upon request of the wife, order to pay her a temporary alimony and his
decision shall be executory summarily and by force of law.
Article (69)
Alimony and sheltering, during the waiting period (“idda”), are due to the divorcee in a
reversible divorce, in a non-retractable divorce if the divorced woman is pregnant and, if
she is not, only sheltering is due.
Article (70)
No alimony is due to the widow during her waiting period because of the death of her
husband but she is entitled to live in the conjugal domicile during the said period.
Article (71)
Alimony to the wife is forfeited in the following instances:
1) Should she refuse to give herself to her husband or refuse to reintegrate the conjugal
domicile without lawful excuse.
2) Should she abandon the conjugal domicile without lawful excuse.
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3) If she forbids her husband to enter the conjugal domicile without a lawful excuse.
4) If she refuses to travel with her husband without a lawful excuse.
5) If a judgment or decision is rendered by the court, restraining her freedom, in a matter to
which the husband is not entitled, and the said judgment or decision is in the process of
execution.
Article (72)
1. A wife may go out of her home in the instances that allow her to do so by law, custom or
in case of necessity and this is not considered a transgression to the duty of obedience.
2. Shall not be considered a transgression to the duty of obedience her going out to work if
he married her while engaged in work, if he accepted, after marriage, that she be
employed or if she put it as a condition in the contract and, in this latter case the
authorised marriage official has to ascertain the existence of such condition upon
contracting. This of course unless the fulfilment of such condition is against the interest of
the family.
Article (73)
The obligation of alimony to the wife is terminated upon the occurrence of any of the
following events:
1) Payment.
2) Discharge.
3) The death of one of the spouses unless it has been ordered by court decision.
Article (74)
The husband is under obligation to prepare to his wife, at his domicile, a convenient
dwelling commensurate with their standing.
Article (75)
The wife shall live with her husband in the dwelling prepared for the purpose and shall
move with him from it unless she provided otherwise in the contract or if the purpose of
moving is to cause her a prejudice.
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Article (76)
1. The husband may accommodate, with his wife, in the conjugal domicile, his parents and
children from another woman as long as he is financially in charge of them but provided
no prejudice is caused to the wife from such accommodation.
2. The wife may not accommodate with her in the conjugal domicile her children from
another man unless they have no other caretaker, they may be harmed from separation or
by express or implied agreement of the husband, provided he has the right to go back on
his acceptance should he sustain a prejudice therefrom.
Article (77)
The husband may not accommodate with his wife another wife of his unless she accepts
provided she can go back on this acceptance whenever it becomes detrimental to her.
Section 2. Kinship Alimony
Article (78)
1. Alimony of the small child who has no financial resources is on his father until the
marriage of the girl or until the boy reaches the age at which his fellow-mates earn their
living, unless he is a student continuing his studies with normal success.
2. Alimony of the elder child unable to earn his living, because of a disability or other cause,
is on his father should the child have no other funds from which his expenses could be
drawn from.
3. Alimony of the female is on her father if she divorced or has become a widow, unless she
has funds of her own or has a person in charge of her other than the father.
4. Should the child have no sufficient funds to meet his maintenance expenses, the father is
under obligation to complete the required amount within the aforementioned conditions.
Article (79)
The suckling expenses of the child are on his father, should the mother be unable to
nurture him, and this is considered as alimony.
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Article (80)
The child’s alimony is on his well-to-do mother if he lost his father, without funds, or if
he was unable to support him. The mother may revert on the father for the amount spent
in case he improves his financial capacity and the expenditures were authorised by him or
by the judge.
Article (81)
1. A well-to-do child, male or female, grown-up or small, must provide alimony to his
parents if they have no funds from which they can spend.
2. Should the parents’ funds be insufficient for their maintenance, the children are under
obligation to cover the shortage.
Article (82)
1. The parents’ alimony shall be repartitioned between their children, each in proportion to
his ability.
2. Should a child voluntarily spend money on his parents, he may not revert on his brothers.
3. Should the spending take place subsequent to a judgment ordering them to pay alimony,
he may revert on each one of his brothers according to what was adjudged, provided he
made these expenses with an intention to claim back the excess paid by him.
Article (83)
If the child’s earnings are not in excess of his needs and the needs of his wife and
children, he shall be under obligation to add his parents, deserving alimony, to his family.
Article (84)
Alimony to each deserving payee shall be the obligation of his heirs from among his wellto-do
relatives according to their rank and their shares in the estate and if the heir is
insolvent the obligation shall pass to the succeeding heir with due compliance to Articles
(80) and (81) of this Law.
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Article (85)
Should the persons deserving alimony be several and the payee is unable to satisfy them
all, the wife’s alimony shall have precedence, then the children’s alimony, followed by
that of the parents, then the alimony of the relatives.
Article (86)
1. The alimony of relatives, other than the children shall be due as of the date of the claim in
court.
2. The lawsuit claiming a past due alimony for the children from their father shall not be
heard if it goes back to a period in excess of one year from the date of submitting the
claim to court.
Section 3. Alimony to Those Who Have No One to Support Them
Article (87)
The State shall be in charge of the alimony to those having no one to support them.
Article (88)
Alimony of the foundling of unknown parents shall be paid out of his funds, if any, and in
case he has no funds and no one benevolently proposed to spend on him, his alimony
shall be on the State.
Chapter II. Affiliation
Article (89)
Affiliation shall be established by wedlock, by avowal, presumptions or through scientific
methods if bed-sharing is established.
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Article (90)
1. The child is born in wedlock if the shortest period of pregnancy has lapsed since the valid
marriage and it is not established that carnal knowledge was impossible between the
spouses.
2. The affiliation of the child shall be established from suspected copulation if he is born for
less than the shortest period of pregnancy after the said carnal knowledge.
3. Affiliation of the born child shall be established to his mother upon evidence of his birth.
4. Once the affiliation is legally established, the action in disavowal shall not be heard.
Article (91)
The shortest period of pregnancy is one hundred and eighty days and the longest period is
three hundred and sixty five days, unless a committee of medical physicians formed for
the purpose decides otherwise.
Article (92)
1. Acknowledgement of affiliation, even in death-bed, is evidence of consanguinity, unless
the acknowledged person is out of wedlock, under the following conditions:
a) The acknowledged person is of unknown descent.
b) The acknowledging party is of full capacity, of sound judgment and of free choice.
c) The difference of age between the acknowledging party and the acknowledged may
sustain the veracity of the acknowledgement.
d) The acknowledged person, of full capacity and sound judgment, approves the
acknowledging party.
2. Affiliation is an acknowledgement of consanguinity in lineal descent made by the father
of an acknowledged non-adulterous person. Acknowledgement of affiliation by the
grandparent is not valid.
Article (93)
Should the acknowledging party be a married woman or a woman in her waiting period,
the affiliation of the child to her husband is not established unless he consents or there is
corroborating evidence to this effect.
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Article (94)
The acknowledgement by the person of unknown descent of his father or mother shall
establish consanguinity if approved by the acknowledged or there is evidence to this
effect whenever the age difference allows such possibility.
Article (95)
Acknowledgement of kinship, other than consanguinity in lineal descent, paternity or
maternity does not bind other than the acknowledging party unless approved or
established by evidence.
Article (96)
1. Curse may only be uttered before the court in accordance with the rules as set forth by
law.
2. Divorce by curse is permanent.
Article (97)
1. The man may disavow affiliation of the child by throwing a curse within seven days from
his knowledge of birth provided he did not acknowledge expressly or impliedly his
paternity. Action for malediction shall be submitted to the court within thirty days as of
knowledge of birth.
2. Where curse is for the disavowal of affiliation, the latter shall be negated.
3. Should the husband take the oath of malediction and the wife refused to take it, refused to
appear before the court or has been absent and it was impossible to give her notice, the
judge shall adjudge the negation of affiliation.
4. The affiliation of the disavowed child because of malediction shall, after issuance of the
decision negating his affiliation, shall be reinstated if the man retracted his curse.
5. The court may resort to scientific methods to negate affiliation provided it has not been
previously established.
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BOOK TWO. DISSOLUTION OF MARRIAGE
General Provisions
Article (98)
1. The contract of marriage shall be rescinded if it includes an impediment that is in
contradiction with its requirements or the occurrence of something that prevented its legal
continuation.
2. Disunion between the spouses occurs by divorce, rescission or death.
3. Prior to deciding disunion between spouses, the court has to endeavour reconciliation.
4. Should the divorced woman marry another man with whom she has carnal knowledge, the
number of divorces pronounced by her previous husband shall be considered as nonexistent.
Title One. Divorce by Repudiation
Article (99)
1. Repudiation is the dissolution of the valid contract of marriage in the form legally
prescribed.
2. Repudiation takes place verbally or in writing and, in case of inability, by an
understandable sign.
Article (100)
Repudiation takes place by the husband or his proxy, designated in a special power of
Attorney or the wife if her husband gave her complete autonomy of herself.
Article (101)
1. The repudiator must be of sound mind and have free choice.
2. Repudiation done by a man of unsound mind due to a banned substance shall be
considered a choice.
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Article (102)
Repudiation of the wife may occur only if she is party to a valid marriage and she is not
within the waiting period (known as Idda).
Article (103)
1. Divorce subject to a condition precedent to do or depart from something shall not be
effective unless there is an intention to divorce.
2. In the absence of an intention to divorce, there is no divorce in case of perjury to an oath.
3. A divorce made verbally, in writing or by sign, whether repeated or in conjunction with a
number, shall be construed to be once only.
4. A divorce may not be contingent on the happening of a future event.
Article (104)
Repudiation is either retractable or non-retractable:
1) The retractable repudiation does not put an end to marriage unless after the expiry of the
waiting period (Idda).
2) The non-retractable repudiation ends the marriage upon its occurrence. It may take one of
the following two forms:
a) Repudiation with right to remarry: The divorcee may not return to the man who
divorced her except after a new contract of marriage and a new dowry;
b) Final and decisive repudiation: The divorcee may not return to the man who
divorced her except after expiry of the waiting period (Idda) from another husband
who had carnal knowledge of her pursuant to a valid marriage.
Article (105)
Every repudiation is retractable except the repudiation completing the third, the one
occurring prior to sexual penetration and the one considered by law final and decisive.
Article (106)
1. Divorce occurs through a declaration made by the husband and recorded by the judge.
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2. Each divorce occurring contrary to the preceding clause must be confirmed before the
court by evidence or avowal. The divorce shall take effect as of the date of the
acknowledgement unless a prior date is established to the court. The Sharia rules shall
apply to the effects of divorce by avowal.
Article (107)
Upon request of the concerned persons and after divorce, the competent judge issues an
order fixing the woman’s alimony during her waiting period as well as the alimony of the
children, determine the person who has the right to foster the child and the right to visit
the fostered child. This order is considered as being of summary execution by force of law
and the prejudiced party may appeal this order by all means of appeal prescribed by law.
Article (108)
The husband is entitled to get back his divorcee, should the divorce be revocable and as
long as she is within her waiting period. His right thereto is not forfeited even if
surrendered. Should the divorcee’s waiting period expire, she may return to him by a new
contract without the permission of her tutor, if he refuses to give her in marriage to him,
provided that her first marriage from him has been concluded with the tutor’s consent or
by order of the court.
Article (109)
1. Getting back a divorcee occurs verbally, in writing and, where impossible, by sign as well
as by action with intent.
2. Retrieval shall be recorded and the wife should be informed of it during her waiting
period.
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Title Two. Divorce by Agreement (Khul’)
Article (110)
1. Divorce for consideration is a contract between the spouses whereby they agree to
terminate the contract of marriage against consideration to be paid by the wife or by
another person.
2. The amount to be paid as a consideration shall be governed by the same rules as dowry
but it is not allowed to agree on forfeiture of the children’s alimony or their fostering.
3. Should the consideration to be paid in case of divorce by agreement be not validly
determined, divorce shall occur and the husband shall be entitled to the dowry.
4. Khul’ is a rescission.
5. By exception to the provisions of clause 1 of this Article, where the husband is unduly
obstinate in his rejection and it was feared not to observe God’s will, the judge shall
decide the “Mukhala’a” (divorce) against an adequate consideration.
Article (111)
Validity of the consideration for such divorce is conditioned upon capacity of the payor
and capacity of the husband to divorce.
Title Three. Judicial Separation
Chapter I. Separation on Account of Defects
Article (112)
1. Should one of the spouses find in the other a deep-rooted repulsive or harmful defect such
as insanity and leprosy, or those preventing sexual pleasure such as obstruction of genital
canals or similar defects, he may ask for the rescission of the marriage whether this flaw
existed prior to the contract or occurred later.
2. His right to rescission shall be forfeited if he had knowledge of the defect before the
contract or accepted it expressly or impliedly thereafter.
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3. However, the wife’s right to claim rescission on grounds of defects preventing sexual
pleasure shall not, under any circumstance, be forfeited.
4. The court shall examine, in chambers, the case of rescission of marriage on grounds of
sexual defects.
Article (113)
Should the defects mentioned in Article (112) of this Law be not susceptible to disappear,
the court shall rescind the marriage immediately and without delay.
Where it is likely to disappear, the court shall adjourn the case for an adequate period, not
exceeding one year, and in case it does not disappear during this period and the party
claiming rescission insists, the court shall rescind the marriage.
Article (114)
Each of the two spouses is entitled to ask for separation in the following instances:
1) In case of deceit perpetrated by the other spouse or with his knowledge inducing to the
formation of the marriage contract. Intentional silence about a fact is deceit if it is
established that the deceived party would not have concluded the marriage contract had
he been aware of such fact.
2) If it is established by a medical report the sterility of the other spouse, after a marriage
that lasted five years and after medical treatment, provided that the claimant has no
children and that he is not in excess of forty years of age.
3) If the other party is condemned for adultery or a similar offence.
4) Where it is established that the other spouse contracted a contagious fatal disease such as
Aids or similar, so if it is feared that this disease be contracted by the other spouse or their
descendants, the judge must order their separation.
Article (115)
1. The assistance of a medical committee specialised in detecting the defects for which
separation is claimed shall be sought.
2. Separation, in this chapter, is a rescission.
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Chapter II. Separation Due to Non-Payment of the Due Dowry
Article (116)
1. The wife in a non-consummated marriage shall be adjudged separation due to nonpayment
by her husband of the due dowry, in the following instances:
a) If the husband has no apparent funds from which the dowry could be drawn;
b) If the husband is manifestly insolvent or of unknown status and the period fixed by
the judge for payment of her dowry has expired without payment.
2. The wife shall not, after consummation of the marriage, be adjudged separation for nonpayment
of her due dowry which shall remain a debt on her husband.
Chapter Three. Separation Due to Prejudice and Discordance
Article (117)
1. Each of the two spouses is entitled to ask for divorce due to prejudice that would make
the continuity of the friendly companionship between them impossible. The right of each
of the spouses thereto shall not be forfeited unless their reconciliation is established.
2. In accordance with Article (16) of this Law, the Family Orientation Committee shall
endeavour the reconciliation of the two spouses and, in case of failure, the judge shall
propose reconciliation to the spouses. If this reconciliation is not possible and the
prejudice is established, the judge shall order divorce.
Article (118)
1. In case the prejudice is not established, the discordance is still continuing between the
spouses and the Family Orientation Committee as well as the judge were not successful in
reconciling them, the judge shall issue a judgment appointing two arbitrators from among
their parents, if possible, after asking each of the spouses to nominate, in the next hearing
at most, his arbitrator from among his parents, if possible, otherwise from those who have
the experience and ability to reconcile. Should one of the spouses procrastinate in
nominating his arbitrator or abstain from attending this hearing, the judgment shall not be
subject to any appeal.
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2. The judgment appointing the two arbitrators must include the starting and closing dates of
their assignment provided it does not exceed ninety days extendable by a decision of the
court. The court shall notify the two arbitrators and the parties to the litigation of the
judgment appointing the arbitrators and shall ask each of them to take the oath that he will
perform his assignment with equity and probity.
Article (119)
The two arbitrators have to find out the reasons of discordance and deploy efforts to
reconcile between the spouses. Abstention from any of the spouses to attend the
arbitration sitting, whenever notified of the date fixed for it, or the next sittings if set at
different intervals, shall not affect the progress of the arbitrators work.
Article (120)
In case the arbitrators fail to reconcile the spouses:
1) Should the offence be entirely from the husband’s part and the wife, or both parties are
claiming separation, the arbitrators shall decide a non-retractable divorce without
prejudice to the rights of the wife resulting from marriage and divorce.
2) In case the offence is entirely from the wife’s part, the arbitrators shall decide divorce for
a consideration deemed adequate by them and payable by the wife.
3) Where both parties participated in the offence, the arbitrators shall decide separation
without consideration or with one in proportion to each one’s share in the offence.
4) If the case is not clear as to who is the offender among them and if the husband is the
claimant, the arbitrators shall recommend dismissal of his case; but if the wife or both of
them are claiming separation, the arbitrators shall decide separation between them without
consideration.
Article (121)
1. The arbitrators shall submit to the judge their reasoned decision that shall include the
extent to which each of the spouses offended the other.
2. The judge shall render his judgment in accordance with the decision reached by the
arbitrators if they agreed, otherwise, he shall appoint others or join to them a third as
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the umpire. The court shall ask the arbitrator or the umpire to take an oath that he will
perform his duties with equity and probity.
Article (122)
In the case of divorce due to prejudice, the prejudice shall be established by the legal
means of proof and by the court judgments rendered against one of the spouses.
The hearsay testimony is accepted if the witness explained, or it was understood from his
statement that the prejudice is widespread in the spouses’ life environment as decided by
the court.
A hearsay testimony to negate the prejudice is not accepted.
The testimony of a male or female witness, except the testimony of an ascendant against a
descendant or vice-versa, shall be accepted if the witness fulfils the conditions set forth by
law for testimonial evidence.
Article (123)
Where the wife asks for divorce, before consummation of marriage or legal privacy, and
she deposited the amount received as dowry, the gifts obtained and the amount spent by
the husband because of marriage, but the husband abstained from doing so and in case the
judge did not succeed in reconciling them, he shall order separation against consideration
(Khul’).
Chapter IV. Separation for Abstention from Support
Article (124)
1. If the present husband abstains from supporting his wife and he does not have apparent
funds from which he can pay, within a short time, the due alimony, the wife may ask
separation.
2. Should he allege to be insolvent but with no evidence as to his allegation, the judge shall
order immediate divorce. If he keeps silent as to his being solvent or insolvent and insists
on non-support, even if there is evidence of his insolvency, the judge shall grant him a
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respite of not more than a month after which, if he does not comply with his duty of
support, the judge shall order divorce.
Article (125)
1. In case the husband is absent in a known place:
If he has apparent funds, the alimony judgment shall be enforced on these funds.
Where he has no apparent funds, the judge shall warn him and grant him a respite not in
excess of one month to which shall be added the prescribed period of distance and, in case
he does not execute his duty of support or does not bring the alimony, the judge shall
order divorce after expiry of the respite.
2. If he is absent in an unknown place, in a place difficult to reach or missing and there is
also evidence that he has no funds from which alimony could be withdrawn, the judge
shall order divorce.
Article (126)
The husband may avoid divorce by submitting evidence of his solvency and his ability to
pay the alimony. In this case, the judge shall grant him the respite prescribed in Article
(125) of this Law.
Article (127)
The husband may retrieve his wife, while she still is in her waiting period, if there is
evidence of his solvency and he shows his readiness to support his wife by paying the
usual alimony, otherwise the retrieval is not valid.
Article (128)
If the lawsuit for non-support is brought to court more than twice and it is established to
the court the non-support in each and the wife asks divorce for non-support, the judge
shall order a non-retractable divorce.
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Chapter V. Separation Due to Absence and Disappearance
Article (129)
The wife is entitled to claim a judicial divorce due to the absence of her husband who has
a known domicile or residence even though he has funds from which alimony can be
drawn. She will get a judgment in satisfaction of her claim only after warning him: either
to reside with her or have her move to live with him or divorce her and provided he is
given a delay of not more than one year.
Article (130)
The wife of the disappeared, whose residence is unknown, is entitled to ask for a judicial
divorce and she will be granted relief only after investigation and search for him and the
lapse of one year as of the date of filing the claim.
Chapter VI. Separation for Imprisonment
Article (131)
1. The wife of the incarcerated, who is condemned by a decisive judgment to a penalty
restraining his liberty for a period of three years or above, is entitled to ask the court, after
the lapse of one year of his imprisonment, to divorce him irreversibly even though he has
funds from which she can spend.
2. Where the wife is also incarcerated but has been freed alone, she may ask for separation,
after the lapse of one year of her release, under the same conditions mentioned in Clause
1 of this Article.
3. In both the preceding instances, judgment for the wife is conditioned upon the non-release
of the husband during the examination of the case and that the remaining period of his
incarceration be not less than six months.
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Chapter VII. Separation for “Ila’ ” and “Zihar”
Article (132)
The wife is entitled to ask for divorce if her husband swore not to have sexual relations
with her for four months or more, unless he has such relations before the expiry of the
four months. Divorce, in this case, is non-retractable.
Article (133)
The wife is entitled to divorce on grounds of “Zihar”.
Article (134)
The judge shall warn the husband to expiate from “Zihar” within four months from taking
the oath. Should he refuse without giving a reason, the judge shall order a non-retractable
divorce.
Article (135)
In examining the divorce case, the judge shall decide which provisional measures he
deems appropriate to take in order to secure alimony for the wife and the children and all
that relates to the fostering and visiting of children upon request of any of the spouses.
Title Four. Effects of Separation
Chapter I. The Waiting Period (Al Idda)
Article (136)
“Idda” is an obligatory waiting period during which the wife remains without marriage, as
a result of separation.
Article (137)
1. The waiting period starts as of the occurrence of separation.
2. The waiting period, in case of doubtful copulation, starts as of the last sexual intercourse.
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3. Waiting period in marriage shall begin from the date of separation, divorce or death of the
husband.
4. In case of ruling divorce, separation, rescission, nullity of the contract or judicial
declaration of death of the disappeared, the waiting period starts as of the time the
judgment becomes final.
Article (138)
1. The duration of the waiting period, for the woman whose husband from a valid marriage
died, even before consummation of the marriage, is four months and ten days unless she
is pregnant.
2. The waiting period for a pregnant woman ends upon delivery or miscarriage.
3. In a consummated marriage resulting from a void or suspected contract, if the husband
dies, the woman shall have to undergo the waiting period of the divorcee to clear her
uterus.
Article (139)
1. There is no waiting period prior to consummation of marriage and valid privacy.
2. The waiting period for the non-pregnant divorcee:
a) Three purities for those who have their menstruation and she is to be believed at the
expiry of this period within a reasonable time.
b) Three months for those who did not have at all their menstruation or those who have
reached the menopause and their menstruation stopped. Should the latter see
menstruation prior to the expiry of the period, the waiting period shall be resumed
for three purities.
c) Three months for extended blood secretion if the woman has no known menstrual
cycles but if she recalls having such cycle it shall follow it in computing the waiting
period.
d) The shorter period between three purities and one year without menstruation for
those whose menstruation stopped before reaching the age of menopause.
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Article (140)
In case the husband divorces his wife from a valid consummated marriage by his
unilateral will without a request from her, she is entitled to a compensation other than the
alimony paid during the waiting period depending on the financial status of the husband
provided it does not exceed a one-year alimony payable to those in similar condition. The
judge may order that it be paid by instalments depending on the degree of solvency or
insolvency of the husband. In assessing the amount thereof, the prejudice sustained by the
wife shall be taken into consideration.
Article (141)
1. Should the husband die and the wife is in her retractable divorce waiting period, she
passes to the widowhood waiting period and the lapsed period shall not be taken into
account.
2. Should the husband die while the woman is in her waiting period for repudiation or
rescission, she shall complete it and is not bound by the death waiting period unless
repudiation took place during the last illness, then the longest of the two periods shall be
taken into account.
Chapter II. Fostering
Article (142)
Fostering is to safekeeping the child, educate and ward him in a manner that does not
contradict the tutor’s right of tutelage over the person of the child.
Article (143)
The fosterer must satisfy the following conditions:
1) sound judgment;
2) having attained the age of maturity;
3) fidelity;
4) ability to raise the fostered child and provide for his maintenance and care;
5) safety from dangerous contagious diseases; and
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6) not previously condemned for a crime against honour.
Article (144)
In addition to the conditions mentioned in the above Article, the fosterer must:
1) If a woman:
a) Be not married, in a consummated marriage, to a man not related to the fostered
child, unless the court decides otherwise in the interest of the child.
b) Be of the same religion as the fostered child, with due compliance with Article (145)
of this Law.
2) If a man:
a) He must have around him a woman able to be a fosterer.
b) Be related to the fostered girl with such close kinship prohibiting him to marry her.
c) Be of the same religion as the fostered child.
Article (145)
Should the fosterer be a mother of a different religion than that of the fostered child, her
fosterage shall be forfeited unless the judge deems otherwise in the interest of the fostered
child provided the period of fosterage ends upon his completing the age of five whether
the child is a boy or a girl.
Article (146)
1. Fosterage of the child is a right to the mother, then to the females, within the prohibited
degrees of kinship, giving preference to those from the mother’s side over these from the
father’s side taking into consideration the closest degree from both sides, with the
exception of the father, and the judge shall in his decision consider the interest of the
fostered child. In deciding who is the fosterer, the following order shall be observed:
a) The mother.
b) The father.
c) The grandmother, from the mother’s side, and upwards.
d) The grandmother, from the father’s side and upwards.
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e) The sisters, giving preference to the full sister, then to the stepsister from the
mother’s side, then the stepsister from the father’s side.
f) The daughter of the full sister.
g) The daughter of the stepsister from the mother’s side.
h) The aunts from the mother’s side, in the same order as the sisters.
i) The daughter of the stepsister from the father’s side.
j) The daughters of the brother in the same order as the sisters.
k) The aunts from the father’s side, in the above order.
l) The mother’s aunts from the maternal side, in the above order.
m) The father’s aunts from the maternal side, in the above order.
n) The mother’s aunts from the paternal side, in the above order.
o) The father’s aunts from the paternal side, in the above order.
2. Where no fosterer is found among the above women, or if none is qualified, fosterage
shall pass to the male agnates, in the same order followed in inheritance, giving
preference to the paternal grandfather and his ascendants (provided the sequence is not
interrupted by a female ascendant) over the brothers.
3. If none of the above exist, the right to fosterage passes to the males, within the prohibited
degrees of kinship with the child other than the agnates, in the following order: the
maternal grandfather, the stepbrother from the mother’s side, the son of the maternal
stepbrother, the unilinear uncle from the father’s side, then the maternal uncles by giving
preference to the consanguineous, then the unilinear uncle (his mother’s stepbrother) from
his father’s side, then the unilinear uncle (his mother’s stepbrother) from his mother’s
side.
4. Should fosterage be refused by those entitled, male or female, the right passes to the next
entitled who shall be notified thereof by the judge and if he refuses or keeps silent for
fifteen days, the right passes to the next in rank.
5. Under all circumstances, is not entitled to fosterage, in case of difference in sex, whoever
is not within the prohibited degree of kinship with the child, whether male or female.
6. Unless the judge deems in the interest of the fostered child, the mother, in case of
litigation, is entitled to fosterage.
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7. In case of difference between the spouses and where the mother leaves the conjugal
domicile, even if the bond of marriage has not been dissolved, the mother or the father
may apply to have the children join him/her and the judge shall decide in accordance with
the children’s best interest.
Article (147)
In the absence of the two parents and in case the fosterage is not accepted by those
entitled to it, the judge shall choose the adequate person from among the relatives of the
fostered child or others or one of the institutions qualified for this purpose.
Article (148)
1. The father or else another tutor of the fostered child must look after his affairs, discipline,
orientation and education.
2. Whoever is in charge of the fostered child’s alimony must provide the rent of a dwelling
for a woman fosterer unless the latter owns a dwelling in which she resides or affected for
this purpose.
3. The female fosterer is not entitled to remuneration if she is the wife of the fostered child’s
father or is in her waiting period during which she is entitled to alimony from him.
Article (149)
The fosterer may not travel with the fostered child outside the State except with the
written approval of his tutor. Should the tutor refuse to give his consent, the matter shall
be submitted to the judge.
Article (150)
1. The mother, during her wedlock or during her waiting period after a retractable
repudiation, may not travel with her child or move him from the conjugal domicile
without the written approval of his father.
2. The mother may, after the waiting period, take the child to another city within the State in
case this move does not affect his education, is not prejudicial to the father and does not
cost him unusual effort and expense to be informed about the fostered child’s condition.
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Article (151)
1. Should the fosterer be other than the mother, she may not travel with the child without a
written authorisation from his tutor.
2. The tutor, whoever he is, or another person, may not travel with the child during fosterage
without a written authorisation of the fosterer.
3. The fosterage of the repudiated mother may not be forfeited just because the father moved
to a city other than that in which the fosterer resides, unless the move is for the purpose of
settling, is not prejudicial to the mother and the distance between the two cities does not
allow the mother to see the fostered child and return the same day by the usual
transportation means.
Article (152)
The fosterer’s right to fosterage is forfeited in the following instances:
1) Derogation to one of the conditions stated in Articles (143) and (144).
2) In case the fosterer elects a domicile in another city thus making it difficult for the tutor to
attend to his duties.
3) Should the person entitled to fosterage keep silent and do not claim this right for a period
of six months without excuse.
4) Should the new fosterer live with the one whose fosterage has been forfeited for a reason
other than physical disability.
Article (153)
Fosterage shall be reinstated to the one from whom it was forfeited whenever the cause of
it has disappeared.
Article (154)
1. Where the fostered child is under the fosterage of one of his parents, the other is entitled
to visit and be visited by the child and accompany him wherever decided by the judge
provided he fixes the place and time and the person in charge to bring the fostered child.
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2. Should one of the parents of the fostered child pass away or be absent, the fostered child’s
relatives, to a degree prohibiting marriage, may visit him as decided by the judge.
3. If the fostered child is with other than his parents, the judge shall designate the person
entitled to visit him from among his close relatives.
4. The judgment shall be enforced coercively should the person with whom the fostered
child lives refuse to execute it.
5. The Minister of Justice, Islamic affairs and Wakfs shall issue a regulation determining the
procedures to see, deliver and visit the fostered child provided these do not take place in
police stations or prisons.
Article (155)
In case the persons entitled to fostering are more than one and they are all of the same
degree, the judge shall choose the one that is best for the child.
Article (156)
1. The right of women to fosterage of a child shall end upon his reaching the age of eleven
years, if a male, and thirteen years, if a female, unless the court deems that extending this
age to the age of maturity, for the male, and up to her marriage, for the female, is in
his/her best interest.
2. Unless the interest of the fostered child otherwise require, the women fosterage shall
continue in case the child is of unsound mind or suffering of a disabling illness.
Article (157)
1. Without prejudice to the provisions of Article (149) of this Law, the tutor may keep with
him the passport of the fostered child, except in case of travel, where he should hand it
over to the woman fosterer.
2. The judge may order to maintain the passport in the hands of the fosterer should he notice
an obstinateness from the tutor’s part to refuse delivering it to the fosterer in case of
necessity.
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3. The woman fosterer may keep the originals, or true official copies of the birth certificate
and any other evidential documents, pertaining to the fostered child, as well as his identity
card.
Article (158)
Court decisions concerning the affiliation and protection of the child and delivering him
to a custodian as well as the separation between spouses and like matters pertaining to
personal status shall be enforced coercively even through the use of force and forced entry
of homes. The official in charge of execution shall, in this respect, follow the instructions
given to him by the judge of execution in the court of the place of execution. The
judgment, whenever required, shall be re-executed.
The judgment rendered against the wife to follow her husband may not be executed
coercively.
BOOK THREE. CAPACITY AND TUTORSHIP
Title One. Capacity
Chapter I. General Provisions
Article (159)
Every person has capacity to contract unless this capacity is withdrawn or limited by a
law provision.
Article (160)
Is considered as a minor:
1) The fetus.
2) The insane, the imbecile and the prodigal.
3) The missing person and the absentee.
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Article (161)
Is considered devoid of capacity:
1) The undiscerning minor.
2) The insane and the imbecile.
Article (162)
Is considered lacking capacity:
1) The discerning minor.
2) The prodigal.
Article (163)
Minor’s affairs shall be attended to by his representative called, as the case may be, Tutor,
Guardian (which includes the named guardian and the one appointed by the judge) or
curator on the minor’s property.
Chapter II. Provisions Relating to the Minor
Article (164)
A minor is discerning or undiscerning.
The undiscerning minor, according to this Law provisions, is the one who did not
complete seven years of age.
The discerning minor is the one who has completed seven years of age.
Article (165)
Without prejudice to the provisions of Articles (30) and (31) of this Law:
1) The verbal acts of disposition of an undiscerning minor are absolutely null and void.
2) The verbal financial acts of disposition of a discerning minor are valid if purely beneficial
to him; void if absolutely detrimental.
3) The verbal financial acts of disposition of a discerning minor that are vacillating between
being beneficial or detrimental depend on authorisation.
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Article (166)
1. The tutor shall authorise the minor who has completed eighteen years of age to take
possession of the whole or part of his property to manage it.
2. The court may, after hearing the guardian, authorise the minor who has completed
eighteen years of age to take possession of the whole or part of his property to manage it.
Article (167)
The authorised minor, whose acts are included in the authorisation, is considered as one
who has the attained the legal age of maturity.
Article (168)
In case the discerning minor completes eighteen years of age and finds himself capable of
sound judgment but the guardian refused to authorise him to take over the management of
part of his property, he may submit the matter to the judge.
Article (169)
The minor authorised by his guardian shall have to submit to the judge periodical
accounts of his acts.
Article (170)
Should the interest of the minor so require, the judge and the guardian may cancel or limit
the authorisation.
Chapter III. Majority
Article (171)
Every person attaining the age of majority, enjoying his mental abilities and not
interdicted has full capacity to exercise his rights provided for in this Law.
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Article (172)
A person shall attain the age of majority when he completes twenty one lunar years of
age.
Article (173)
After attaining the age of majority, the minor is entitled to ask the guardian to account for
his acts during the period of guardianship.
Chapter IV. Capacity Impediments
Article (174)
Capacity impediments are:
1) Insanity: The insane is a person who has lost his mental faculties continuously or at
intermittent intervals. Imbecility is treated the same way as insanity.
2) Prodigality: The prodigal is a spendthrift person.
3) Illness leading to death: It is the illness which impairs the human being from continuing
his usual activities and death is most likely to occur within one year. Should he remain in
the same condition for one year or more, without deterioration, his acts are similar to
those of a sound person.
4) Shall be considered as an illness leading to death circumstances where the person is
surrounded by danger of death and where perishing is prevalent in such circumstances
even though he is not ill.
Article (175)
1. Financial acts of the insane are valid if in a state of consciousness and void after putting
him under guardianship.
2. Acts of the imbecile subsequent to his interdiction shall be governed by the provisions
applied to the acts of the discerning minor.
3. Acts of the imbecile prior to his interdiction are valid unless they are the result of illicit
exploitation or connivance.
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Article (176)
Acts performed by a person on his deathbed, or in a similar state, are governed by the
Islamic doctrine as provided for by Article (2) of this Law.
Article (177)
The interdicted is entitled to file in person a lawsuit to remove the interdiction.
Title Two. Tutelage
Chapter I. General Provisions
Article (178)
1. Tutorship: It is tutelage on the person and on property.
A) Tutelage on the person:
It is the care of whatever is related to the person of the minor, his supervision,
protection, education, teaching, orientation and proper raising; this includes consent
to his marriage.
B) Tutelage on property:
It is the care of all what concerns the property of the minor, its safe-keeping,
management and investment.
2. Tutelage includes: guardianship, curatorship and judicial procuration.
Article (179)
With due compliance with the provisions relating to the marriage of a female stated in
Article (39) of this Law, shall be subject to tutelage the minor until he reaches the age of
majority, as well as the insane and imbecile of full age.
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Chapter II. Tutor Conditions
Article (180)
1. The tutor must be of sound mind having attained the full legal age, trustworthy able to
perform the tutelage requirements.
2. The tutor on the person must be trustworthy on the person of the minor, able to attend to
his affairs and of the same religion as the minor.
Chapter III. Tutelage on the Person
Article (181)
1. Tutelage on the person is for the father, then to the agnates from the father’s side by order
of their inheritance.
2. In case several persons are entitled and they are all in the same degree, of the same
strength of kinship and they are equal in maturity, tutelage shall be to the eldest; and if
they are different in maturity then the court shall choose the best among them.
3. Where there is no one entitled, the court shall appoint a tutor on the person from among
the minor’s relatives, if any is qualified, otherwise from among others.
Chapter IV. Withdrawal of Tutelage on the Person
Article (182)
Tutelage must be withdrawn from the tutor on the person in the following instances:
1) If he satisfies no more some of the tutelage conditions provided for in this Law.
2) If he perpetrates with the person under his tutelage, or with others, the crime of rape or
ravishment or has led him to prostitution or any similar criminal offence.
3) If the tutor has been condemned though a final judgment in an intentional misdemeanour
or felony perpetrated by him, or by others, against the person under his tutelage, or a
lesser offence.
4) If the tutor is condemned to detention for a period in excess of one year.
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Article (183)
1. Tutelage may be withdrawn from the tutor on the person, totally or partially permanently
or provisionally, in the following instances:
a) In case the tutor has been sentenced to a penalty restricting his freedom for a year or
less.
b) Should the person under tutelage become exposed to severe danger to his safety,
health, honour, morality or education due to mistreatment by the tutor or bad
example, because of the tutor’s bad reputation, addiction to alcohol or narcotics, or
absence of care.
It is not necessary, in this case that the tutor be sentenced to a penalty because of what is
mentioned above.
2. The court may, instead of withdrawing tutelage, in the above instances, entrust the minor
to a specialised social institution together with the continuity of the tutor’s tutelage.
Article (184)
In the cases mentioned in Articles (182) and (183) of this Law, the court may on its own
motion, or upon request of the investigation Authority, entrust the minor provisionally to
a trustee or to one of the specialised social associations until the tutelage matter is settled.
Article (185)
In case the tutelage is withdrawn as concerns some of those under his tutorship, it should
be withdrawn from the others as well.
Article (186)
Should the court decide to withdraw tutelage from the tutor on the person of his ward, to
limit it or stop it, tutelage shall pass to the one following in rank if he is qualified.
In case he refuses or is not qualified, the court may entrust tutelage to whomever it deems
qualified, even if he is not related to the minor, or entrust it to one of the specialised social
associations.
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Article (187)
In cases other than those where tutelage must be withdrawn, the court may reinstate, in
whole or in part, tutelage to the tutor on the person of the minor upon his request and
provided six months have elapsed since the disappearance of the cause of withdrawal.
Chapter V. Tutelage on Property
Article (188)
Tutelage on property is for the father alone then to the guardian named by him, if any,
then to the grandfather from among the agnates, then to the guardian named by him, if
any, then to the judge. None of these may renounce to his tutorship without authorisation
of the court.
Article (189)
The Property donated as a gift to the minor shall not be included in the tutelage should the
donator so provide.
Article (190)
The minor’s property and its accessories may not be leased or donated otherwise such acts
shall be void and shall entail liability and guaranty.
Article (191)
The tutor may not dispose of a real estate owned by the minor in such a way as to transfer
title thereto or establish a real right thereon without the authorisation of the court and for
reasons of necessity or evident interest as estimated by it.
Article (192)
The tutor may not borrow money to the benefit of the minor unless he is so authorised by
the court and without prejudice to the provisions of the Islamic Sharia.
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Article (193)
The tutor may not, without the court’s authorisation, lease an immovable property owned
by the minor for a period extending beyond one year after attaining the age of majority.
Article (194)
The tutor may not continue a trade that devolved to the minor without the authorisation of
the court and within the limits thereof.
Article (195)
The tutor may not, without the authorisation of the court, accept a donation or a will for
the minor if they are charged with obligations.
Article (196)
1. The tutor shall make a list of the minor’s property owned by, or devolving to him, and
shall deposit this list with the Clerks’ Office of the court of his domicile within two
months from the beginning of the tutelage or from acquiring title by the minor of the
property.
2. The court may consider the non-submission of the list or the delay in submitting it as
exposing the minor’s property to danger.
Article (197)
The tutor, by authorisation of the court, may spend on himself from the minor’s funds, if
the latter has a duty to provide alimony for the former. He may also spend from these
funds on those supported by the minor.
Chapter VI. Withdrawal of Tutelage on Property
Article (198)
Should the property of the minor be exposed to danger because of the tutor’s misdealing
or for any other cause, the court has to withdraw or limit the tutelage.
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Article (199)
The court shall order the cessation of tutelage should the tutor be considered absent or
incarcerated by virtue of a judgment sentencing him to a penalty restricting his freedom
for a period of one year or less.
Article (200)
The judgment withdrawing tutelage on the person of the minor shall result in its forfeiture
or cessation as concerns his property.
Article (201)
Where tutelage is withdrawn, limited or stopped, it shall not be reinstated except by
judgment of the court after ascertaining that the reasons therefore have ceased to exist.
Article (202)
The request for reinstatement of tutelage, that had previously been rejected, shall not be
accepted unless after the expiry of one year from the date of the final judgment of
rejection.
Chapter VII. Dealings of the Father and Grandfather
Article (203)
Tutelage of the father on his minor son’s property shall be for the purpose of safekeeping,
administration and investment.
Article (204)
Tutelage of the father includes his minor grandsons in case their father is interdicted.
Article (205)
Dealings of the father are supposed to be valid, namely in the following instances:
1) Contracting in the name of his son and disposing of his property.
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2) Trading for the account of his son but he shall not persevere in this trade except in case of
evident benefit.
3) Acceptance of the licit donations for his son’s benefit if it is devoid of any prejudicial
obligations.
4) Spending from his son’s funds on those his son is obligated to support.
Article (206)
Dealings of the father are contingent upon the authorisation of the court in the following
instances:
1) In case he purchases the property of his son for himself, his wife or any of his other
children.
2) If he sells to his son his property, the property of his wife or of his other sons.
3) If he sells his son’s property to invest the proceeds for his own account.
Article (207)
1. The father’s dealings are void if it is established that he miscarried them or if they are
devoid of any interest to the minor.
2. The father is considered liable, in his funds, in case of a gross mistake that caused
prejudice to his son.
Article (208)
Tutelage of the father shall be withdrawn from him if it is established to the judge that the
minor’s property have been exposed to danger as a result of his father’s dealings.
Article (209)
The provisions of this section, applicable on the father, shall apply to the grandfather.
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Chapter VIII. Termination of Tutelage
Article (210)
Tutelage ends when the minor attains the legal age of majority unless the court decides to
continue tutorship on him.
Article (211)
In case the tutelage on the person ends, it shall not be reinstated unless there exists one of
the causes of interdiction.
Article (212)
Upon termination of tutelage, the tutor, or his heirs, has to return the property of the
minor to him through the competent court.
Chapter IX. The Guardian
Article (213)
1. The father may appoint a guardian of his choice on his minor son, on the fetus in gestation
or on the minor children of his interdicted son. This is also possible for the donor, in the
case provided for in Article (189). The guardianship shall be submitted to the Court for
confirmation.
2. The father or the donor may, at any time, relinquish his choice.
3. The choice, as well as the relinquishment, must be established by a formal or informal
paper.
4. Should the minor or the fetus on gestation have no guardian or a grandfather from among
the agnates, the court shall appoint a guardian.
5. The guardian shall not dispose of the property of the fetus in gestation until its birth alive
at which time he will deliver the property to his legal tutor.
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Article (214)
Whenever the minor’s interest so require, the judge shall appoint an ad hoc or a
provisional guardian.
Article (215)
The guardian, whether chosen or appointed by the judge, must be equitable, capable,
trustworthy, enjoying full capacity, of the same religion as the person under his custody
and able to discharge the duties of guardianship. The following persons, namely, may not
be appointed guardians:
1) The person whom the father decided, prior to his death, to deprive from nomination as
long as this deprivation is based on strong reasons which the court, after investigation,
deems that it justifies this decision. Privation shall be established by a formal or informal
paper.
2) The person who, himself, one of his ascendants, descendants or spouse, is in judicial
litigation with the minor; or the person who is in a state of animosity with the minor or his
family should this be detrimental to the interest of the minor.
3) The person sentenced to a penalty limiting his freedom for one of the crimes against
morality, honour or honesty. Nevertheless, the lapse of a period of five years may lead, in
case of prejudice, to disregard this condition.
4) The person who has no legitimate means of living.
5) The person whose tutelage on another minor has been withdrawn or his guardianship
revoked.
Article (216)
The guardian shall be bound to observe the conditions and the duties entrusted to him in
the guardianship deed, unless they are in violation of the law.
Article (217)
The guardian may be a male or female, physical or juristic person, one or several,
independent or in conjunction with a supervisor.
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Article (218)
1. In case the guardians are several, none of them may unilaterally take any action unless the
testator has defined to each his competence. So, if guardianship is for a number of
guardians jointly, none of them may dispose without the approval of the others.
Nevertheless, any of them may take the necessary or urgent measures or those exclusively
to the interest of the minor, dispose of whatever is exposed to perishing if action is
delayed, or dispose of undisputed items such as restitution of deposits that unquestionably
belong to the minor.
2. In case of difference between the guardians, the matter shall be submitted to the court.
Article (219)
Guardianship is binding when expressly or impliedly accepted and the guardian may not
abandon it if accepted expressly or impliedly except through the competent court.
Article (220)
Should the father appoint a supervisor to control the acts of the guardian, the supervisor
must act accordingly in the minor’s interest and he shall be accountable to the court.
Article (221)
The conditions required from the supervisor are the same as those required from the
guardian.
Article (222)
1. The provisions applicable on the supervisor as to his appointment, removal, accepting his
resignation, remuneration and liability for default are the same as those governing the
guardian.
2. The court shall decide the termination of supervision whenever the reasons thereto ceased
to exist.
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Article (223)
The guardian has to administer, to upkeep and to invest the minor’s property and shall, to
this end, deploy the necessary care.
Article (224)
The acts of the guardian shall be under the control of the court; he is under obligation to
submit to it periodical accounts for his acts concerning the administration of the property
of the minor and of those who are in his condition.
Article (225)
The guardian may not perform the following acts without the authorisation of the court:
1) Disposal of the minor’s property by means of selling, buying, bartering, partnership,
pledge or any other act of disposition transferring title or establishing a real right.
2) Disposal of the bonds and shares or part thereof, as well as valuable movables or those
which are not perishable unless they are of trifle value.
3) Transfer of the minor’s debts or accept the transfer on him if he is indebted.
4) Investing the minor’s property for his account.
5) Borrowing money in favour of the minor.
6) Renting the minor’s real estate.
7) Acceptance or rejection of conditional grants.
8) Spending from the minor’s funds on those whose alimony is due on the minor unless such
alimony is established by an enforceable judgment.
9) Payment of the matured obligations on the estate or on the minor.
10) Acknowledging a right against the minor.
11) Compromise and arbitration.
12) Filing a lawsuit if the delay in filing it is not prejudicial to the minor or results in the
forfeiture of one of his rights.
13) Withdrawal of a suit and waiver of legal means of appeal.
14) Selling or leasing the minor’s property for himself, his spouse or one of their ascendants
or descendants or to one whom the guardian is his representative.
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15) The amount spent for the minor’s marriage such as dowry or the like according to the
regulations in force.
16) Education of the minor if he is in need to alimony.
17) Expenditures required by the minor to start a specific profession.
Article (226)
It is forbidden to the Body in charge of the minor’s affairs or any competent official
therein to purchase or lease, for himself, his spouse or one of his ascendants or
descendants, any of the properties owned by the minor; as well as to sell to the minor any
property owned by the said Body or its representative, his spouse or any of his ascendants
or descendants.
Article (227)
Guardianship shall be without remuneration unless, upon the guardian’s request, the court
decides to fix him a salary or compensation in consideration of a specific work to which
the guardian asked to be paid a customarily accepted remuneration.
Chapter X. Termination of Guardianship
Article (228)
The duties of the guardian shall terminate in the following instances:
1) His death, total or partial incapacity.
2) Upon evidence that he is missing or absent.
3) Acceptance of his request to abandon his mission or if he has been discharged therefrom.
4) Impossibility to discharge the guardianship’s duties.
5) Considering the minor of full capacity or upon his attaining the age of majority.
6) Removal of interdiction from the interdicted.
7) Recovering capacity by the minor’s father.
8) Death of the minor or the interdicted.
9) Termination of the duty for which the guardian was appointed to discharge or expiry of
the period of his appointment.
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Article (229)
Where the minor reaches the age of majority insane or not apt to be entrusted his
property, the guardian has the obligation to inform the court to consider extending
guardianship after his becoming of full age.
Article (230)
Discharge of the guardian shall be decided by the court in case:
1) any cause of disqualification for guardianship arises even if this cause existed when he
was appointed; or
2) of mismanagement or negligence or if his maintenance as a guardian constitutes a danger
to the interests of the minor.
Article (231)
1. Upon termination of his task, the guardian has to deliver the minor’s properties and all
related accounts and documents to the concerned person, under the supervision of the
court, within a period not exceeding thirty days therefrom. Moreover, he has to deposit
with the Clerks’ Office at the competent court, within the said period, a copy of the
accounts and the report evidencing the delivery receipt of the properties. In this respect,
the court shall observe, when necessary, the provisions concerning criminal liability.
2. Shall be void, any undertaking, clearance or discharge obtained by the guardian from the
minor who has reached the age of majority within one year from the date of ratification of
the accounts by the court.
Article (232)
Should the guardian pass away or be interdicted or declared absent, his heirs, his legal
substitute or the person taking possession of the property, as the case may be, must
forthwith inform the court thereof in order to take the necessary measures to protect the
minor’s rights and hand over the minor’s property and submit the relative accounts.
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Title Three. The Absent and the Missing
Article (233)
1. The absent is the person whose domicile or residence is unknown.
2. The missing is the person of whom it is not known whether he is alive or dead.
Article (234)
In case the absent or the missing has no proxy, a judicial proxy shall be appointed to
administer his property.
Article (235)
An inventory shall be made of the property of the absent or the missing person upon
appointing the judicial proxy and the property shall be administered in accordance with
the administration of the minor’s property.
Article (236)
The status of the missing ends:
1) If the life or death of the missing person is established.
2) If a judgment is rendered declaring the death of the missing person.
Article (237)
1. Under all circumstances, the judge must search, by all means, for the missing person in
order to ascertain whether he is alive or dead before adjudicating his death.
2. The judge shall declare the death of the missing person if there is evidence of his death.
3. The judge shall adjudicate the death of the missing person, one year after he is declared
missing upon request of the concerned persons, in cases were perishing is prevalent, or
four years in ordinary circumstances.
4. The properties of the missing person who has been declared dead shall not be allocated
unless after the lapse of fifteen years from the date he is declared missing.
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Article (238)
The day on which the judgment, declaring the missing person dead, is rendered shall be
considered the date of his death.
Article (239)
Should the missing person be declared dead then appears alive:
1) His wife returns to him in the following instances:
a) If her second marriage is not consummated;
b) In case her second husband knows that her first husband is alive.
c) If the second husband married her during her waiting period.
2) He can claim his estate from his heirs except the portion that perished.
BOOK FOUR. THE TESTAMENT
Title One. General Provisions
Article (240)
A testament is an act of disposition of the succession after the death of the testator.
Article (241)
A testament can be absolute, at term after death, subject to a valid condition precedent or
subsequent.
Article (242)
Should the will be subject to a condition contrary to the Sharia aims or to the provisions
of this Law, the condition is void but the will is valid.
Article (243)
The will is enforceable within the limit of one-third of the testator’s estate, after paying
the rights thereon and is valid beyond this third, within the limits of the share of the major
heir who accepted it.
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Article (244)
Any act of disposition taken in articulo mortis as a gift or by favouritism shall be
governed by the provisions applicable to wills regardless of the characterisation given to
it.
Title Two. Basic Elements and Conditions of a Will
Chapter I. Basic Elements
Article (245)
The basic elements of a will are: The wording, the testator, the legatee and the bequeathed
property.
Article (246)
A will is formed by words or in writing and if the testator is unable to so express himself
then by a recognisable sign.
Article (247)
Where a will is denied, the lawsuit concerning a will or revocation thereof shall not be
heard except through the means of proof admitted by law.
Article (248)
1. A will is valid if made by a person having the capacity to donate, even if it is done in
articulo mortis, with due compliance with the provisions of Articles (174) and (176) of
this Law.
2. The will of an interdicted for prodigality or carelessness is valid if made for good deeds
with authorisation of the court.
3. The testator may amend or revoke a will totally or partially.
4. Disposal of the bequeathed property by the testator is considered a revocation of the will.
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Article (249)
The will is valid if made to a person qualified to own the object of the legacy even if he is
of a different religion.
Article (250)
A will may not be made to an heir unless approved by all other major heirs; it is then
executable on the share of the one who consented.
Chapter II. Conditions of Validity of a Will
Article (251)
1. A will is valid if made to a living specific person or to a fetus.
2. A will is valid if made to a limited or unlimited class of people.
3. A will is valid if made for charity purposes admitted by law.
Article (252)
1. A will made to a specific person must be accepted by the beneficiary, after the death of
the testator or during his life provided this acceptance continues after his death.
2. Should the beneficiary be a fetus, a minor or an interdicted, acceptance of the will has to
be made by the one who has the curatorship on his property, as he may reject it after
securing the judge’s authorisation.
3. A will to an unspecified person does not need acceptance or rejection by any one.
4. Acceptance on behalf of Bodies, institutions and foundations shall be given by their legal
representatives who may reject the will after securing the approval of the judge.
Article (253)
1. Acceptance of the will has not to be given immediately after the death of the testator.
2. Silence of the beneficiary for a period of thirty days subsequent to his knowledge of the
will shall be considered as an approval thereof.
So, if the testament is charged with an imposition, the above period shall be extended to
fifty days unless there is an acceptable reason for its waiver.
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Article (254)
The testator has the complete capacity to revoke the will totally or partially.
Article (255)
Should the beneficiary die prior to the death of the testator without accepting or rejecting
the will, it shall devolve to his heirs unless it is charged with impositions.
Article (256)
1. The specified beneficiary shall own the object of the legacy as of the date of death of the
testator provided he accepts the will.
2. The heir of the beneficiary, who died prior to partition, shall substitute him.
3. In case there is more than one beneficiary, the object of the legacy shall be equally
apportioned between them, unless otherwise provided by the testator.
4. The living of the twins shall take the entire legacy should the other be born dead.
Article (257)
1. A will bequeathed to a class of people, undeterminable in future, shall include those
among them who exist upon the death of the testator and those who shall exist in future.
2. The number of the unspecified class shall be limited by the death of their fathers or there
is no hope left for the living among them to have off-springs.
3. In case it is hopeless for any of the beneficiaries to exist, the legacy shall return to the
succession.
Article (258)
The existing persons of the unspecified class shall benefit of the legacy and their shares
therein shall change on each birth or death.
The proceeds of the legacy shall be divided among the existing of the undetermined who
cannot be restrictively enumerated.
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Article (259)
The object of the legacy shall be sold to the undetermined if it is feared that it be lost or
devaluated and the sale proceeds shall be used to purchase what can be of benefit to the
beneficiaries.
Article (260)
1. The subject matter of the will, for legally admitted charity purposes, shall be spent to the
benefit thereof.
2. The proceeds of the legated property to expected institutions shall be paid to the most
similar one until it legally comes into existence.
Article (261)
The legacy must be the property of the testator and the object of the will be legitimate.
Article (262)
1. The legacy may be general or specific.
2. The general legacy shall include all the assets of the testator, present and future.
Article (263)
The general will shall be executed up to one-third of the succession.
Article (264)
1. The specified legacy may be a real estate or a movable, fungible or non-fungible, naked
property, interest, usufruct in land or chattels for a definite or unspecified period.
2. Whoever legates a specified thing to a person then legates it to another, it shall be divided
between them unless there is evidence that meant to revoke the will made to the first.
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Chapter III. The Legacy of Usufruct and Loaning
Article (265)
1. Where the value of the specified legacy, whose usufruct or use of it has been legated, is
less than one-third of the succession, the land shall be delivered to the beneficiary to
benefit from it according to the will.
2. If the value of the specified property which usufruct or use has been bequeathed and if the
consideration for the usufruct for the specified period is more than one-third the
succession, the heirs shall have the choice either to ratify the will or to give the
beneficiary the equivalent of one-third the succession.
3. If the legacy is for usufruct for the whole life of the beneficiary, the will shall be assessed
as per the value of the corpus of property.
4. A will is valid if made as a loan of a fixed sum granted to the beneficiary and shall not be
enforceable for the portion of this amount in excess of one-third of the loan except with
the consent of the heirs.
Article (266)
The beneficiary of a will granted the usufruct of a specified property shall be entitled to
use it or exploit it even contrary to the purpose specified in the will provided it does not
adversely affect the corpus of the property.
Chapter IV. Legacy Equal to the Share of an Heir
Article (267)
If the legacy is equal to the share of a specified heir from among the testator’s heirs, the
beneficiary shall be entitled to the same share of this heir plus his share in the estate.
Article (268)
If the legacy is the share of an undetermined heir among the testator’s heirs or equal to
his, the beneficiary shall be entitled to the share of one of the heirs over and above his
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share in the estate, in case the heirs have equal shares, and the share of the heir who has
the smallest share over and above his share in the estate, if they have not equal shares.
Article (269)
The beneficiary of a share equal to that of an heir, whether male or female, shall be
entitled to his share up to one-third and the portion in excess of this one-third shall be
taken from the share of the major heir who consented to the will.
Chapter V. Voidance of the Will
Article (270)
A will is void in the following instances:
1) Express or implied revocation of the will by the testator.
2) Death of the beneficiary during the life of the testator.
3) Rejection of the will by the beneficiary during the life of the testator or after his death.
4) Murder of the testator by the beneficiary whether the latter is the author, accomplice or
accessory of the crime provided that, upon perpetrating the crime, he was of sound mind
having reached the capacity required for criminal liability regardless of whether the
killing took place prior or subsequent to the will.
5) Perishing of the specified subject matter of the bequest or its entitlement by a third
person.
6) Apostasy from Islam of the testator or the beneficiary unless he returns to it.
Article (271)
Should the beneficiary become an heir to the testator, his entitlement to the will shall be
conditional upon the approval of the other heirs.
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Chapter VI. The Mandatory Will
Article (272)
1. Whoever dies or is considered dead by decision of the court and has grandsons from his
son or his daughter and this latter died before or with the testator, the grandsons shall be
entitled to a mandatory will for one-third of the estate within the following limits and
conditions:
a) The mandatory will for these grandsons shall be equal to their share that their father
would have inherited from his father had he survived him, provided it does not
exceed one-third of the estate.
b) The above-mentioned grandsons shall not be entitled to a mandatory will if they
inherit their ascendant, grandfather or grandmother, or if this ascendant did not
bequeath to them or grant them in his lifetime, without consideration, an amount
equal to their entitlement under the mandatory will. In case he bequeathed to them
below this amount it must be completed and if more than the said amount, the excess
shall be considered a voluntary will. Should he bequeath to some of them only, the
others shall be entitled to the mandatory will, each according to his share.
c) The right to the mandatory will shall be to the children of the son or the daughter or
their descendants, without limitation and regardless of their number, the male’s
share shall be twice the share of a female. The ascendant shall disinherit his own
descendants only and the descendant shall only be entitled to the share of his
ascendant.
2. The mandatory will is prevalent to the voluntary wills as to its execution on the one-third
of the estate.
3. The murderer and the defector shall be deprived from the benefit of the mandatory will, in
accordance with the provisions of this Law on Testaments.
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Chapter VII. Wills in Competition
Article (273)
Should the one-third be short of satisfying the wills of equal rank and the major heirs did
not approve the portion in excess thereof, the one-third shall be apportioned in equal
shares between the beneficiaries. In case the subject matter of a will is a specific thing it
will be set off against its price so that the deserving beneficiary shall take his share from
the specified object and the others shall take their share from the balance of the whole
third.
BOOK FIVE. SUCCESSION AND INHERITANCE
Title One. Successions
Chapter I. General Provisions
Article (274)
Succession is what the decedent leaves, assets and financial rights.
Article (275)
Rights are attached to succession; some have precedence over the others according to the
following order:
1) Burial expenditures.
2) Payment of the decedent’s debts due to God or to human beings.
3) Execution of wills.
4) Distribution of the balance of the succession on the heirs.
Article (276)
Ascertainment of death and succession:
1) The person who claims ascertainment of death and succession has to submit an
application in this respect to the competent court which shall include statements
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concerning the date of death, the last domicile of the decedent, names of the heirs and
their domicile, the legatees and their domicile and the entire movable and immovable
properties of the estate.
2) The Clerks’ Office shall give notice to the heirs and the legatees to appear before the
court at the date to be fixed for this purpose. The judge shall examine the testimony of
those he trusts and may add to this the administrative investigations, as he sees fit.
3) The ascertainment of death and succession stands as a conclusive evidence unless
otherwise adjudicated or if the court decides to stay its conclusiveness. The court shall
issue a certificate of inheritance limiting the heirs and indicating the shares of each in the
succession.
Article (277)
The procedures for liquidation of the estate are the following:
1) In case the decedent did not appoint an administrator for his estate, any of the concerned
persons may ask the judge to appoint an administrator unanimously chosen by the heirs
from among them or from others and in case they fail to reach such an agreement, the
judge shall choose one after hearing the heirs’ statements.
2) Special provisions shall be complied with if there is among the heirs an unborn fetus, a
fully incapacitated or an heir lacking capacity or an absentee.
Article (278)
Should the decedent appoint an administrator for his estate, the judge must, upon request
of one of the concerned persons, ratify this appointment but the administrator may ask to
be excused from such nomination.
Article (279)
Upon request of one of the concerned persons or of the public prosecution or even
without any request, the judge may dismiss the administrator and appoint another
whenever there is a justification for this decision.
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Article (280)
1. The court shall enter in a special register the orders of appointment or of ratification of
administrators, in case they are appointed by the decedent, or their dismissal or
withdrawal.
2. This entry shall produce its effect on those who deal with the heirs as concerns the real
estates of the succession.
Article (281)
1. The administrator of the estate shall, after his appointment, take delivery of the estate’s
assets that he shall undertake to liquidate under the supervision of the judge. He may
claim a remuneration to be fixed by the judge.
2. The estate shall bear the liquidation expenses which shall have the priority given to
judicial expenses.
Article (282)
The judge shall, when necessary, take whatever is necessary to preserve the estate and
order the deposit of cash money and financial securities and valuables at the Treasury of
the court in whose jurisdiction the estate’s property, totally or the largest part of it, is
located until the liquidation is completed.
Article (283)
The administrator of the estate shall spend from the estate’s funds:
1) The burial expenses.
2) A sufficient and reasonable alimony to the needy heir until the liquidation is completed
and after obtaining an order of payment from the judge, provided the alimony obtained by
each heir shall be deducted from his share in the estate.
3) The judge shall settle all litigations arising in this respect.
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Article (284)
1. As from the appointment of the estate’s administrator, the creditors may neither take any
measure against the estate nor continue any measure already initiated except against the
administrator of the estate.
2. Whenever so requested by the concerned persons, all measures taken against the decedent
shall be stayed until the settlement of all the estate’s debts.
Article (285)
Prior to receiving an attestation showing his share in the net assets of the succession, the
heir may not dispose of the estate, as he may not take any of the debts due by the estate or
compensate a debt on him with one on the estate.
Article (286)
1. The administrator of the estate has to take all measures to preserve its assets and perform
the necessary administration acts and represent the estate in the lawsuits and recover the
debts in its favour.
2. The administrator shall assume the same liability as that of the remunerated proxy, even if
he is not salaried, and the court may ask him to account for his administration at fixed
intervals.
Article (287)
1. The administrator of the estate shall invite its creditors and debtors to submit a statement
of their rights and of the debts owed by them, within a period of two months as of the date
of publishing this notice.
2. The notice must be affixed on the bulletin board, of the court of the last domicile of the
decedent as well as the court within whose jurisdiction all or most of the estate’s assets
are located, and be published in a daily paper.
Article (288)
The administrator of the estate has to deposit with the court which ordered his
appointment, within three months from the date of his appointment, an inventory
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statement of all the rights and dues of the estate as well as an assessment of the value
thereof and notify the concerned persons of such deposit through registered mail with
acknowledgment of receipt.
The administrator may ask the court to extend this period should he have a justification
for such request.
Article (289)
For the purpose of assessing and inventorying the estate’s assets, the administrator of the
estate may seek the assistance of an expert and he must record all that the decedent’s
documents may reveal. The heirs have to inform him of all the debts and rights of the
estate that came to their knowledge.
Article (290)
Shall be sentenced to the penalty provided for in the Penal Law, for embezzlement,
whoever fraudulently appropriated any of the estate’s property even if he is an heir.
Article (291)
Any dispute over the accuracy of the inventory shall be submitted, through a lawsuit, to
the competent court within thirty days as of the date of depositing the inventory
statement.
Chapter II. Settlement of the Estate’s Debts
Article (292)
1. Subsequent to the expiry of the delay fixed for contesting the inventory statement, the
administrator shall, after securing the permission of the court, pay the undisputed debts.
2. The disputed debts shall be settled after deciding on their accuracy by a decisive
judgment.
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Article (293)
In case the estate is declared bankrupt or likely to be declared so, the administrator shall
stop settling any debt, even if undisputed, until all the litigations concerning the debts of
the estate are finally settled.
Article (294)
1. The administrator of the estate shall pay its debts from the rights collected, the cash
money included, the price of the chattels comprised therein and, in case they fall short,
then from the price of the real estates.
2. Chattels of the estate and its immovable properties shall be sold by auction and in
accordance with the procedures and within the delays provided for forced sales in the Law
of Civil Transactions, unless the heirs agree otherwise. In case the estate is bankrupted,
the approval of all creditors should be secured in the manner agreed upon by the heirs
who have, in any case, the right to participate in the auction.
Article (295)
Debts unsecured by real mortgage shall mature upon the death of the decedent and the
judge, upon request of all heirs, shall decide that the debts secured by real mortgage have
fallen due and shall determine the amount due to the creditor.
Article (296)
After allocating the undue debts that are secured by real mortgage, each heir may pay his
share of the debt prior to maturity.
Article (297)
Debtors who have not been paid their dues because their rights do not figure in the
inventory statement, and who have no mortgages on the estate’s assets, may not have a
claim against those who have acquired in good faith a real right on these assets but they
may have a claim against the heirs to the extent of what they received from the estate.
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Article (298)
Subsequent to the settlement of its debts, the administrator shall execute the decedent’s
wills and other charges.
Chapter III. Delivery and Partition of the Estate’s Assets
Article (299)
Subsequent to the fulfilment of the estate’s obligations, the balance of its assets shall
devolve to the heirs, each according to his legal share.
Article (300)
1. The administrator of the estate shall deliver to the heirs the property that devolved to them
from the estate.
2. Upon the expiry of the period fixed for the disputes concerning the inventory of the estate,
the heirs may claim delivery of all or part of the objects and the cash money that are not
required for liquidation against submitting a guarantee or without it.
Article (301)
Every heir is entitled to ask the administrator of the estate to deliver to him his share in
the estate parcelled out unless the said heir is bound to remain in joint ownership either by
agreement or according to a law provision.
Article (302)
1. The estate that is not over covered with debts may be partitioned prior to the payment of
debts due on it provided a portion of this estate is allocated for the payment of the debts
including these secured by a real mortgage.
2. In case the application for partition is accepted, the administrator of the estate shall make
the partition provided it shall not become final unless accepted by all heirs.
3. Should the heirs do not unanimously agree to the partition, the administrator of the estate
shall request the court to proceed with it according to the law provisions and the expenses
of the partition lawsuit shall be deducted from the shares of the heirs.
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Article (303)
The partition of the estate shall be governed by the rules applicable to partition in general
and by the provisions of the following Articles.
Article (304)
Should there be among the assets of the estate a property that may be exploited for
agriculture, industry or commerce and considered as an independent entity, and if the
heirs do not agree to continue the exploitation and the property is not encumbered with
any third-party rights, the property as a whole shall be allocated to the heir who claims it
if he is the most apt to take care of it and provided its value is determined and deducted
from his share in the estate. In case all the heirs have equal aptitudes, the property shall be
allocated to the heir among them who gives the highest price provided it is not below the
price paid for a similar property.
Article (305)
Unless otherwise agreed, should one of the heirs be allocated, upon partition, a debt on
the estate, the other heirs shall not guarantee the debt in case he is declared bankrupt after
the partition.
Article (306)
The will allocating the assets of the estate between the heirs of the testator so that the
share of each heir, or some of them, is determined, shall be valid.
In this case, it shall be treated as a will to an heir.
Article (307)
Partition to take effect after death may be revoked but it becomes binding upon the death
of the testator.
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Article (308)
Should partition not include all the decedent’s assets upon his death, the property not
included in the partition shall devolve as joint property to the heirs in accordance with the
rules on succession.
Article (309)
Should one or more of the prospective heirs who have participated in the partition die
before the decedent, the parcelled out share allotted to the deceased heir shall devolve in
the joint property to the other heirs, in accordance with the rules governing successions,
without prejudice to the provisions applicable to the mandatory will.
Article (310)
The partition to take effect after death shall be subject to the rules governing partition in
general, except the provisions concerning burdensome contracts.
Article (311)
In case the partition does not include all the estate’s debts or included it but the partition
was not approved by the creditors, any heir, in case of disagreement with the creditors,
may request the court to do the partition and settle the debts provided that the partition
mentioned in the decedent’s will and the reasons therefore be taken, as much as possible,
into consideration.
Chapter IV. Non-Liquidated Successions
Article (312)
If the succession is not liquidated according to the preceding provisions, the ordinary
creditors of the estate may implement their rights or what has been bequeathed to them on
the real properties of the succession that has been disposed of or has been encumbered
with real rights to third parties, if they lay an attachment on these properties in
consideration of their rights prior to registration of these transactions.
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Title Two. Inheritance
Chapter I. General Provisions
Article (313)
Inheritance is the imperative devolution of the property and financial rights upon the
death of their owner to those deserving.
Article (314)
The main elements of inheritance are:
1) The decedent.
2) The heir.
3) The succession.
Article (315)
The causes of inheritance are: marriage and kinship.
Article (316)
Entitlement to succession is subject to the following conditions: Death of the decedent in
reality or by judgment; the presence of the heir alive upon the real or assumed death of
the decedent; knowledge of the whereabouts of the succession.
Article (317)
Among the causes of debarment from succession, the deliberate murder of the decedent
whether the murderer is the principal offender, an accomplice or the one who caused the
death. The killing should be without right or excuse and the murderer must be of sound
mind enjoying full capacity.
Article (318)
There is no inheritance between persons of different religions.
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Article (319)
In case of death of two or more persons who inherit from each other and it is not known
who died first, no one is entitled to the succession of the other.
Article (320)
Inheritance may be forced, agnatic or both then cognatic.
Chapter II. Forced Inheritance and Heirs (Fouroud)
Article (321)
1. Forced inheritance: is a fixed share for an heir in the estate.
2. The fixed shares are: one-half, one-quarter, one-eighth, two-thirds, one-third, one-sixth,
and one-third of the balance.
3. The forced heirs are: The two parents, the spouses, paternal grandfather or his agnate
ascendants, the grandmother who is not related to the decedent by an heir, daughters, the
daughters of the son or of his descendants, sisters in the absolute, and the cognate brother.
Article (322)
Those who receive one-half of the estate:
1) The husband provided that the wife has no succeeding descendant.
2) The daughter provided the decedent has no other child, male or female.
3) The daughter of the son or of his descendants provided the decedent has no child or
grandchild equal or higher in degree with her.
4) The germane sister, if she has no brother, other sisters, a succeeding descendant to the
decedent, father or paternal grandfather.
5) The consanguine sister, if she is one and there is no consanguine brother, germane brother
or sister, a succeeding descendant to the decedent, a father or a paternal grandfather.
Article (323)
Those who receive one-quarter of the estate:
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1) The husband in case the wife has a succeeding descendant.
2) The wife, even if several, should the husband have no succeeding descendant.
Article (324)
Those who receive one-eighth of the estate:
The wife, even if several, should the husband have a succeeding descendant.
Article (325)
Those who receive two-thirds of the estate:
1) Two or more daughters, if the decedent has no sons.
2) Two or more daughters of the son, or of his descendants, if the decedent has no direct son,
grandson of the same degree as the son’s daughters or a grandchild of a higher degree.
3) The two or more germane sisters in the absence of a germane brother, a succeeding
descendant of the decedent, father or paternal grandfather.
4) The two or more consanguine sisters, in the absence of a consanguine brother, a germane
brother or sister, a succeeding descendant of the decedent, father or paternal grandfather.
Article (326)
Those who receive one-third of the estate:
1) The mother, if the decedent has no succeeding descendant, or if there is absolutely none
of the brothers and sisters, unless she inherits with one of the spouses and the father
restrictively, then she is entitled to one-third of the remainder.
2) Two or more of the mother’s children in the absence of a succeeding descendant of the
decedent, a father, a paternal grandfather. This third shall be equally divided between
them, male and female.
3) The paternal grandfather, if he concurs with the germane or consanguine brothers or both,
if they are more than two, or a corresponding number of sisters, and in the absence of
forced heirs.
Article (327)
Those who receive one-sixth of the estate:
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1) The father in concurrence with a succeeding descendant.
2) The paternal grandfather, in the following instances:
a) If the decedent has a succeeding descendant.
b) In the presence with him of forced heirs and where his share is less than one-sixth or
one-third of the remainder or if nothing is left after they have taken their forced
shares.
c) If he has with him a forced heir and more than two brothers or an equal number of
sisters, whether germane or consanguine, and his share of one-sixth is better to him
than the two-thirds of the remainder.
3) The mother with the succeeding descendant of the decedent or with two or more of the
brothers or sisters, in the absolute.
4) One or more grandmother and her ascendants provided she is not debarred from
inheritance.
5) One or more daughter of the son or of his descendants if she inherits with a single
consanguine daughter or with a single son’s daughter who is higher in degree, provided
there is no son or grandson in a higher or in an equal degree compared to her.
6) One or more consanguine sister with a single germane sister if the decedent has no
succeeding descendant, or father, paternal grandfather brother or consanguine brother.
7) A single uterine brother or sister in the absence of a succeeding descendant of the
decedent, a father or paternal grandfather; with due observance of Article (347) of this
Law.
Article (328)
Those who receive one-third of the remainder:
1) The mother with one of the spouses and the father, if the decedent has no succeeding
descendant or two or more of the brothers or sisters, in the absolute.
2) The paternal grandfather if he is with a forced heir and more than two brothers or an equal
number of germane or consanguine sisters, provided the one-third of the remainder is
better for him than the one-sixth.
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Chapter III. Male Agnates (Asaba)
Article (329)
1. Agnates are entitled to an undetermined share in the estate.
2. Agnates are of three kinds:
a) Agnates per se.
b) Agnates by others.
c) Agnates with others.
Article (330)
Agnates per se are of four directions, one preferred on the others according to the
following order:
1) Descendants: including sons and grandsons of the son and of his descendants.
2) Fatherhood: including the father and the paternal grandfather and his ascendants.
3) Brotherhood: including germane or consanguine brothers and their descendants.
4) Paternal Uncles: including the paternal uncles of the deceased, whether germane or
consanguine, paternal uncles of his father, paternal uncles of the consanguine paternal
uncles and his ascendants, whether germane or consanguine, or the germane or
consanguine sons of the paternal uncles and their descendants.
Article (331)
The agnate per se is entitled to the estate if there are no forced heirs and is entitled to the
remainder, if any, and shall receive nothing if the shares of the forced heirs exhaust the
whole succession.
Article (332)
1. Shall have precedence among the agnates the preferred class according to the order stated
in Article (330) of this Law, then the nearer degree to the deceased, in case of equality in
class, then the closest relative in case of equal degrees.
2. The agnates shall participate in their entitlement to their share in the succession in case
they are of the same class and of equal degrees and strength of kinship.
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Article (333)
Should the paternal grandfather participate in the succession with the germane or
consanguine brothers or both, male or female or mixed, and whether or not there are with
them forced heirs, the grandfather shall inherit as an agnatic heir, being considered as
another brother to the deceased, unless the one-sixth or the one-third of the remainder is
better for him; with due regard to the provision of Article (346) of this Law.
Article (334)
1. Agnates by others:
a) One or more daughter with one or more son.
b) One or more daughter of the son or of his descendants, however remote, with one or
more grandson, whether he be of the same or of a lower degree than her, if she needs
him, and he will debar her if he is of a higher degree.
c) One or more germane sister with one or more germane brother.
d) One or more consanguine sister with one or more consanguine brother.
2. In these instances, the male shall inherit double the share of a female heir.
Article (335)
Agnates with others: One or more germane or consanguine sister with one or more
daughter or the son’s daughter. In this case, she shall be considered as the brother in the
entitlement to the remainder and in excluding the other agnates.
Chapter IV. Forced and Agnatic Heirs
Article (336)
Heirs succeeding as both forced and agnates are:
1) The father or the paternal grandfather with the daughter or the son’s daughter and his
descendants.
2) The husband, if he is the son of the paternal uncle of the deceased, shall receive his share
as a forced heir and his entitlement as an agnate.
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3) One or more uterine brother, if he is the son of the paternal uncle of the deceased, he shall
receive his share as a forced heir and his entitlement as an agnate.
Chapter V. Exclusion And Debarment
Article (337)
1. Exclusion is the debarment of an heir of all or part of the succession because of the
presence of another more entitled heir.
2. Exclusion is of two kinds: Debarring exclusion and decreasing exclusion.
3. The excluded from inheritance may exclude an heir other than himself.
4. The prohibited from inheritance does not debar an heir other than himself.
Article (338)
1. The paternal grandfather is excluded by the father and by every agnatic grandfather from
whom he originated.
2. The nearest grandmother excludes the remote unless the parenthood is from the father’s
side then she does not exclude the more remote from the mother’s side. The mother
excludes the agnatic grandmother, in the absolute, and the father excludes the paternal
grandmother. The agnatic grandfather excludes the grandmother if she is his ascendant.
Article (339)
The uterine brothers are excluded by the father, the agnatic grandfather and his
ascendants, the son, the grandson and his descendants.
Article (340)
The son, grandson and his descendants exclude the son’s daughter who is lower in degree
than him and she is also excluded by two daughters or two granddaughters of a higher
degree unless she is with one with whom she becomes agnate.
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Article (341)
Each of the father, son, grandson and his descendants exclude the brothers and the
germane sisters.
Article (342)
Each of the father, son, grandson and his descendants exclude the agnatic sister and she is
also excluded by the germane brother and sister, if she is an agnate with others in
accordance with the provisions of Article (335) of this Law. She is also excluded by two
germane sisters in the absence of a consanguine brother. The consanguine brothers are
excluded by each of the father, son, grandson and his descendants, the germane brother
and sister if the latter is an agnate with others.
Chapter VI. Reallocation by Increase or Decrease of Shares
Article (343)
Reallocation by increase of shares (Rad’): is the increase in the share of the forced heirs in
proportion of their original shares, in case the estate is larger than the total shares.
Article (344)
If the shares of the forced heirs do not exhaust all of the estate and there are no agnatic
relatives, the excess shall revert to the forced heirs, other than the spouses, in proportion
of their shares. The balance of the estate shall revert to one of the spouses in case there
are no agnate relatives or forced heirs or relatives other than the forced heirs and the
agnates.
Article (345)
1. Reallocation by decrease of shares: is the decrease in the shares of the forced heirs, in
proportion to their shares, in case the shares exceed the common denominator of the
estate.
2. The new common denominator shall become the base on which the estate shall be
divided.
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Chapter VII. Special Problems
Section 1. Al Akdarieh
Article (346)
The presence of the grandfather makes the germane or consanguine sisters agnates and
they do not inherit with him as forced heirs except in Akdarieh which is the case of the
spouse with a mother, grandfather, germane or consanguine sister.
The father receives one-half, the mother one-third, the grandfather one-sixth; the sister
has a forced share of one-half which shall be added to the one-sixth which is the share of
the grandfather and the total to be divided between the two, the male receiving the share
of two females.
Section 2. Al Mushtaraka
Article (347)
The germane brother inherits as agnates except in Al Mushtaraka which is the case of a
spouse, mother or grandmother, a number of uterine brothers and sisters, a germane
brother or more.
The spouse receives one-half, the mother or grandmother one-sixth and the one-third shall
be divided between the uterine and germane brothers and sisters, the male takes the share
of two females.
Section 3. Al Malikiya and Quasi-Malikiya
Article (348)
The grandfather does not exclude the germane or consanguine brother except in Al
Malikiya and quasi-Malikiya:
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Al Malikiya: a husband, mother, grandfather, uterine brothers, consanguine brother: the
husband receives one-half, the mother one-sixth and the rest to the grandfather being an
agnate.
Quasi-Malikiya: a husband, mother, grandfather uterine brothers, germane brother: the
husband receives one-half, the mother one-sixth and the rest to the grandfather being an
agnate.
Chapter VIII. Cognates (Zawi Al Arham)
Article (349)
The cognates are of four kinds:
First Kind:
The daughters’ sons and the granddaughters’ sons and their descendants.
Second Kind:
Maternal grandfathers and grandmothers and their ascendants.
Third Kind:
1) The uterine brothers’ sons and their descendants.
2) Children of the sisters, in the absolute, and their descendants.
3) The sons’ daughters, in the absolute, their sons and descendants.
4) The daughters of the brothers’ sons, in the absolute, however remote and their
descendants.
Fourth Kind:
It includes six groups:
1) Uterine uncles, from the paternal side, of the deceased, his aunts, in the absolute, and his
uncles and aunts from the maternal side, in the absolute.
2) The sons of those mentioned in the above clause and their descendants, the female
cousins, germane or consanguineous, of the deceased, their sons’ daughters and their
descendants as well as the sons of those mentioned and their descendants.
3) The uterine uncles of the deceased’s father, his aunts from the paternal side, uncles and
aunts from the maternal side (relatives of the father); Uncles and aunts, in the absolute, of
the deceased’s mother (relatives of the mother).
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4) The sons of those mentioned in the above clause and their descendants, the cousins of the
deceased’s father (germane, consanguineous or uterine); their sons’ daughters and their
descendants without limitation.
5) Paternal uterine uncles of the deceased’s paternal grandfather; paternal uncles of the
deceased’s grandmother (mother of his father); paternal aunts of the deceased’s parents
(both sides) and their maternal uncles and aunts, in the absolute, (relatives of the father);
paternal uncles and aunts of the grandparents of the deceased’s mother; maternal uncles
and aunts of the deceased’s mother, in the absolute, (relatives of the mother).
6) The sons of those mentioned in the preceding clause and their descendants; the deceased’s
paternal uncles of the germane or consanguine grandfather and their sons’ daughters and
their descendants; the children of those mentioned and their descendants.
Article (350)
1. In the first kind of cognates, those closer in degree to the deceased shall have precedence
and if they are equal in degree, the child of the forced heir shall have precedence over the
child of the cognate. If they are all children of a forced heir or if none is so, then they
shall participate equally in the estate.
2. In the second kind of cognates, those closer in degree to the deceased shall have
precedence and if they are equal in degree, the one from whom descends a forced heir
shall have precedence. In case they are all of equal degree without a forced heir among
their descendants, or all of them have forced heirs descendants, and if all are of paternal
descent or of maternal descent, they shall participate equally and if they are not all of the
same parental descent, two-thirds shall be given to those of paternal descent and one-third
to those of maternal descent.
3. In the third kind of cognates, those closer in degree to the deceased shall have precedence
and if they are equal in degree and among them some are entitled heirs and the others are
cognates, the former shall have precedence over the latter, otherwise the closest relative.
So, those who descend from both parents are preferred to those descending from either
one; those who descend from the father are preferred to those descending from the
mother; and if they are all equal in degree and strength of kinship they shall participate
equally in the estate.
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Article (351)
1. In case all members of the first group of the fourth kind, as stated in Article (349) of this
Law, are of paternal descent; i. e. Maternal uncles of the deceased or his aunts, in the
absolute; or are of maternal descent; i. e. uterine uncles of the deceased or his aunts, in the
absolute, the closest kin shall have precedence. So, the germane shall be preferred to the
consanguine or the uterine and who descends from the father is preferred to the one of
maternal descent. If they are of the same strength of kinship they shall participate equally
in the estate. In case they are of different descents, two-thirds shall be given to those of
paternal kinship and one-third for those of maternal kinship. The share of each group shall
be divided in an aforementioned manner.
The provisions of the preceding paragraph shall apply to the members of the third and
fifth groups.
2. In the second group, the closest degree among them shall have precedence over the more
remote even if he is from a different line of descent. In case of equal degrees and same
descent, the closest shall be preferred, if they are all descendants of an agnate or a
cognate, and if they are different, the agnate shall be preferred to the cognate. In case of
different sides of kinship, two – thirds shall be given to those of paternal descent and onethird
to those of maternal descent. The share of each group shall be divided between them
in an aforementioned manner.
The provisions of the preceding paragraph shall apply to the members of the fourth and
sixth groups.
3. No consideration shall be given in case of multiple kinship of a cognate heir except where
the line of descent is different.
Article (352)
A male heir shall have the share of two females in the inheritance of cognates except the
maternal brothers who shall receive equal shares with the female heirs.
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Chapter IX. Succession by Assumption
Article (353)
The share of the missing person in the succession of his decedent shall be frozen on
the assumption that he is alive, so if he appears alive he shall take it and if he is declared
dead his share shall devolve to his entitled heirs on the date of the judgment.
Article (354)
The conceived child shall be entitled to a share in the succession of his decedent to be
reserved for it. This share shall be the shares of two males or two females, whichever is
larger, on the assumption that the conceived are twins. The rest of the heirs shall receive
the smaller of the two shares. The distribution of the estate shall be adjusted after birth
according to the shares provided for in the law.
Article (355)
Should the share reserved for the conceived child be less than his entitlement, the
difference shall be taken from the heir in whose share this difference accrued. Where the
share reserved is more than its entitlement, the excess shall go to the entitled heir.
Chapter X. Alienation of a Share
Article (356)
1. Alienation is an agreement of the heirs that some of them abandon their share in the
estate, of which they have knowledge, to the other heirs against a specific consideration.
2. Should one of the heirs alienate his share to another, the latter is entitled to this share and
shall replace him in the succession.
3. Where alienation by one of the heirs to the others takes place and if the consideration has
been paid to him from the estate, the shares of the alienator shall be deducted from the
total shares and the shares of the others shall remain unchanged. In case the consideration
is paid from their own funds and the alienation agreement did not provide for the mode of
partitioning of the alienator’s share, it shall be divided among them on pro rata of the
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amount paid by each of them and, if it could not be determined, his share shall be divided
equally between them.
Chapter XI. Miscellaneous Matters
Article (357)
1. Should the deceased, while alive, acknowledge the existence of a kinship relation between
someone and himself, his acknowledgement does not bind the heirs unless it fulfils the
conditions of its validity.
2. In case his acknowledgement concerns someone else and the kinship relation was not
established, in accordance with Article (93) of this Law, and he did not retract his
acknowledgement, the beneficiary thereof shall be entitled to the whole estate of the
acknowledging decedent unless the latter has an heir.
3. If some of the heirs acknowledge to another person the existence of a kinship relation
between the latter and the decedent, the beneficiary of such acknowledgement shall share
exclusively with the acknowledging heir his entitlement in the estate of the decedent
unless he is excluded by him.
Article (358)
The adulterous child shall inherit from his mother and her relatives; his mother and her
relatives shall inherit him; likewise for the incestuous child.
Article (359)
The ambiguous bisexual shall be entitled to half of the two shares considering masculinity
and feminineness.
Article (360)
The vacant estate shall be a mortmain (Wakf) in his name for the poor, the needy and the
students in the Administration of the Public Organization of Wakfs.
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Article (361)
Shall be considered void, every fraud to the provisions governing inheritance by way of
sale, donation, testament or other dispositions.
FINAL PROVISIONS
Article (362)
Each provision violating or contradicting the provision of this Law shall be abrogated.
Article (363)
The present Law shall be published in the Official Gazette and shall come into force as of
the date of its publication.
Promulgated by Us at the
Presidential Palace in Abu Dhabi
On 19th of November 2005
Corresponding to 17 Shawal 1426 H.
Khalifah Bin Zayed Al Nahyan
President of the United Arab Emirates State