Federal Decree-Law On the Issuance of the Personal Status Law

Article-level navigation isn't available for this document — showing the full text as extracted.

## Legislations
Federal Decree-Law On the Issuance of the Personal Status Law
## Federal Decree-Law On the Issuance of the Personal Status Law
Federal Decree-Law On the Issuance of the Personal Status Law
The last update on this law was listed on 01 Oct 2024
Related legislations
Issued Date
## 01 Oct 2024
Effective Date
## 15 Apr 2025
Official Gazette Date
## 14 Oct 2024
Official Gazette No
## 785 (ملحق 2)
Legislation State
## Active
: Every effort has been made to produce an accurate and complete English version of this website/ le
Disclaimer
## Index
Index
## Chapter One: General Provisions
## Chapter Two: Engagement
## Chapter Three: Marriage
## Chapter Four: Spouses Separation
## Chapter Five: Waiting Period
## Chapter Six: Lineage
## Chapter Seven: Alimony
## Chapter Eight: Custody
## Chapter Nine: Guardianship, Tutorship and Trusteeship
## Chapter Ten: The Absent and The Missing
## Chapter Eleven: The Will
## Chapter Twelve: The Estate
## Chapter Thirteen: Penalties
## Federal Decree-Law No. (41) of 2024 On the Issuance of the Personal Status Law
− Upon reviewing the Constitution; − Federal Law No. (1) of 1972 concerning the Competences of Minis
We, Mohammed Bin Zayed Al Nahyan, President of the UAE;
Have promulgated the following Decree by Law:
Article One
The Personal Status Law attached to this Federal Decree-Law shall be implemented, and the provisions
Article Two
The provisions of the Civil Procedure Law, the Evidence Law in Civil and Commercial Transactions, an
Article Three
1. The Federal Judicial Council and the competent local judicial authorities shall issue, each withi
Article Four
The law attached to this Decree-Law shall replace Federal Law No. (28) of 2005 Concerning Personal S
Article Five
The present Decree-Law shall be published in the Official Gazette and shall come into force (6) six
## Chapter One: General Provisions
## Article (1) Scope of Application of the Law
1. The provisions of this Law shall apply to UAE citizens if both parties of the relationship or one
## Article (2) Calculating the Durations
The Gregorian calendar shall be adopted for the durations mentioned in this Law unless otherwise sta
## Article (3) Courts’ Competence
1. The courts of the State shall be competent to consider cases related to Personal Status issues fi
## Article (4) Competence of Courts in Cases Filed Against a Foreigner Who Has No Domicile in the State
The courts of the State have the competence to hear cases related to Personal Status filed against a
## Article (5) The Competence of the Personal Status Judge and the Estate Judge
1. The Personal Status judge shall be competent to consider all disputes arising from the applicatio
## Article (6) Court Permit or Approval
1. In cases where the law requires obtaining the permit or approval of the court, or where the law r
## Article (7) Directing the Dispute In Case of a Claim for a Missing Person Judgment
In the event of a claim for a missing person judgment, the dispute shall be directed to the potentia
## Article (8) Family Guidance Department
1. Before referring the case to the competent court, the supervising judge may issue a decision to r
## Article (9) Duration for Judgments Appeal and Cassation
The duration to file for appeal and cassation in rulings issued in personal status matters stipulate
## Article (10) Commencement of the Duration of Appeal
The commencement of the duration of appeal of the judgment shall begin on the day following the date
## Chapter Two: Engagement
## Article (11) Definition of Engagement
Engagement is a man’s request to marry a woman who is permissible for him and a promise to marry her
## Article (12) Cancellation of Engagement
Both the fiancé and the fiancée have the right to withdraw from the engagement.
## Article (13) Gifts During the Engagement Period
Everything that the fiancé or fiancée presents to the other party during the engagement period is de
## Article (14) Redeeming Gifts
1. If one or both parties withdraw from the engagement, only gifts conditional on the completion of
## Article (15) Redeeming the Dowry Presented During the Engagement Period
1. If either the fiancé or the fiancée refrains from concluding the marriage contract or dies before
## Chapter Three: Marriage
## Article (16) Definition and Purpose of Marriage
Marriage is a contract concluded in accordance with the provisions of this Law with elements and con
## Article (17) Definition of Seclusion
Seclusion is the meeting of spouses before intercourse in a place where each of them feels safe with
## Article (18) Elements of Marriage Contract
The elements necessary for the conclusion of a marriage contract are: 1. Offer and acceptance of spo
## Article (19) Eligibility for Marriage
1. The legal capacity for marriage is completed by sanity and the person reaching (18) eighteen Greg
## Article (20) Marriage of a Prodigal, Lunatic, or Idiot
1. A male who has reached the age of majority and is prodigal or has become prodigal may get himself
## Article (21) Order of Guardians in Marriage
The order of guardians in marriage is as follows: 1. The father, then the one he specifies in a will
## Article (22) Marriage of a Person Who Has No Guardian
The Judge is the guardian of anyone who has no guardian, and he is permitted to marry himself to the
## Article (23) Requirements of Guardian in Marriage
The guardian in marriage shall be a sane man who has reached the age of majority. If one of the cond
## Article (24) The Woman’s Prevention by Her Guardian from Getting Married
If the guardian, even if he is the father, prevents a woman over whom he has guardianship, from marr
## Article (25) Terms of the Offer and Acceptance
The offer and acceptance shall meet the following conditions: 1. They align explicitly in terms of w
## Article (26) Conditions for the Validity of the Marriage Contract
The following conditions shall be met for the marriage contract to be valid: 1. Specifying the spous
## Article (27) Requirements of Witness
The witness shall be a sane man, has reached the age of majority, has heard the offer and acceptance
## Article (28) Prohibitions Due to Kinship
1. It is permanently forbidden, due to kinship, to marry: a. Ascendants, even if they ascend. ...
## Article (29) Prohibitions Due to Affinity
1. It is permanently forbidden for a man, due to affinity, to marry: a. His wife’s ascendants, e...
## Article (30) Prohibitions Due to Accusation of Adultery
1. It is permanently forbidden for a man to marry a woman whom he accused of adultery before the Jud
## Article (31) Prohibitions Due to Breastfeeding
Breastfeeding relationship prohibits what is prohibited by lineage if the following conditions are m
## Article (32) Cases of Temporary Prohibition of Marriage
Marriage is temporarily forbidden in the following cases: 1. A man’s marriage to someone else’s wife
## Article (33) Constraints on Conditions in the Marriage Contract
1. The spouses are bound by their conditions, except for a condition that makes permissible what is
## Article (34) Conclusion of the Marriage Contract
Marriage is concluded by the offer and acceptance between the parties to the contract, using the exp
## Article (35) Types of Marriage Contracts
Marriage contracts are of two types: 1. Valid marriage contract. 2. Invalid marriage contract, inclu
## Article (36) Valid Marriage Contract
A marriage contract is valid if its elements and conditions are met, and its effects are established
## Article (37) Invalid Marriage Contract
A marriage contract is invalid if one of its elements, or one of its validity conditions, is missing
## Article (38) Effects of Void Marriage Contract
1. A void marriage shall have no effect before intercourse. 2. A void marriage, after intercourse, r
## Article (39) Effects of Al-Fased Marriage Contract
1. The court shall revoke Al-Fased marriage contract, and it has no effect before intercourse, excep
## Article (40) Correction of the Al-Fased Marriage Contract
It is permissible for spouses in the case of Al-Fased marriage contract to conclude a new marriage c
## Article (41) Documenting the Marriage Contract
1. The marriage contract shall be documented in the court in accordance with the legislation in forc
## Article (42) Equivalency
1. The husband shall be equivalent to the woman at the time of concluding the marriage contract, and
## Article (43) The Right of the Wife and Her Guardian to Request Revocation of the Contract Due to Non
If a man claims equivalency or fabricates what deceives to its existence, or equivalency is stipulat
## Article (44) The Extinguishment of the Wife’s Right to Request Revocation for the Lack of Equivalenc
The right of the wife to request revocation due to the lack of equivalency is extinguished by her pr
## Article (45) Dowry
1. Dowry is the property paid by the man to the woman by virtue of the marriage contract, and its de
## Article (46) Postponement of Dowry
1. It is permissible to agree in the marriage contract to postpone the payment of all or part of the
## Article (47) The Obligation, Confirmation, and Entitlement to the Dowry
1. Except in the case of void marriage contract, the dowry is obligatory in accordance with the marr
## Article (48) Usual Dowry
A woman is entitled to the usual dowry in the following cases: 1. Silence about naming the dowry. 2.
## Article (49) Rights of Spouses
Both spouses shall consider the following: 1. Good companionship to each other in accordance with cu
## Article (50) The Wife’s Right to Refrain from Intercourse and Moving into the Marital House
1. The wife may refrain from entering and moving into the marital home until she receives her due do
## Article (51) Wife’s Property and Financial Entity
1. Each one of the spouses shall have an independent financial entity, and the wife is free to dispo
## Chapter Four: Spouses Separation
## Article (52) Cases of Spouses Separation
Separation occurs between spouses in any of the following cases: 1. Divorce. 2. Forced divorce. 3. K
## Article (53) Definition of Divorce
Divorce is the dissolution of the marriage contract by the will of the husband through the word indi
## Article (54) Divorce by Husband
1. Divorce is pronounced by the husband by speech or writing by any means, and if he is unable to do
## Article (55) The Husband’s Authorization of Another Person to Divorce
1. The husband or the wife, if she has the right to divorce herself, may authorize another person, m
## Article (56) Cases in Which Divorce Does Not Occur
Divorce does not occur in the following cases: 1. If the wife is in the waiting period of divorce or
## Article (57) Repeated Divorce
Repeated divorce or divorce coupled with a number, verbally, in writing, or by signal, is deemed onl
## Article (58) Documenting Divorce
1. The husband shall document the divorce before the competent court within a maximum period of (15)
## Article (59) Types of Divorce
Divorce is of two types: 1. A revocable divorce, which does not end the marriage contract until the
## Article (60) Revocable Divorce
Every divorce in a valid marriage is deemed a revocable divorce except: 1. The third divorce, by whi
## Article (61) Take Back
If the husband divorces his wife by way of a revocable divorce, he has the right to take her back as
## Article (62) Means of Take Back
1. Take back is valid by action or explicit verbal or written expression, and if both are not possib
## Article (63) Wife’s Statement in Divorce and Take Back
1. The wife’s statement in divorce and take back cases is not accepted, except with proof. 2. The wi
## Article (64) Documenting the Take Back
1. In a revocable divorce, the husband shall document the take back before the competent court withi
## Article (65) Definition of \
is a separation between spouses at the request of the wife and the husband's acceptance of the consi
Khula’
## Article (66) Consideration in \
1. Anything that can be deemed property can be deemed as a consideration in 2. If the consideration.
Khula’ .
Khula’
Khula’
Khula’
Khula’
## Article (66) Consideration in Khula’
is valid between fully competent spouses, and the exchange in is valid if the person who provides ..
Khula’
Khula’
## Article (68) Documenting Khula’
The spouses shall document in accordance with the procedures in force before the competent court wi.
Khula’
## Article (69) Court’s Revocation of Marriage Contract Due to Disease or Harmful Defect
1. If one of the spouses finds in the other a disease or a serious defect that is among repulsive or
## Article (70) Effects of Revoking a Marriage Contract Due to Disease or Harmful Defect
If the marriage contract is revoked due to disease or harmful defect in one of the spouses, the cour
## Article (71) Revocation of Marriage Contract for Damage
Each spouse is entitled to request divorce due to damage that precludes the continuance of their liv
## Article (72) Appointment of Arbitrators
If the damage is not proven, the court shall dismiss the case. If the discord between the spouses co
## Article (73) Arbitrators’ Investigation of the Causes of Discord
The arbitrators shall listen to the spouses, investigate the causes of the discord, and make efforts
## Article (74) Arbitrators' Report
If the Arbitrators are unable to make the spouses reconcile, they shall decide what they see as a wa
## Article (75) Revocation of Marriage Contract before Intercourse or Seclusion
1. The court shall rule to revoke the marriage contract if the wife requests its revocation before i
## Article (76) Revocation of Marriage Contract Due to Non-Payment of the Due Dowry
1. An order shall be issued to the wife, with whom the marriage has not been consummated, to revoke
## Article (77) Divorce for Failure to Provide for the Wife
1. If the husband refrains from providing for his wife, or it is impossible to collect the maintenan
## Article (78) Divorce Ruling for Desertion
The court shall revoke the marriage contract, upon the wife’s request, in the following two cases: 1
## Article (79) Divorce Ruling Due to Absence, Loss, and Imprisonment
1. The wife is entitled to request divorce due to the absence of her husband whose domicile or place
## Article (80) Divorce Due to Addiction to Drugs, Psychotropic Substances or Alcohol
Either spouse may request divorce due to harm if the other is addicted to drugs, psychotropic substa
## Chapter Five: Waiting Period
## Article (81) Definition of the Waiting Period
The waiting period is the specified period during which a woman may not remarry due to separation.
## Article (82) Cases of Obligatory Waiting Period
Subject to Articles (38) and (39) of this Law, the waiting period is obligatory in the event of deat
## Article (83) Calculation of the Waiting Period
1. The waiting period is calculated as follows: a. The calculation of the waiting period for dea...
## Article (84) The Waiting Period for a Nonpregnant Divorcée
The waiting period for a nonpregnant divorcée is as follows: 1. (3) Three periods of purity for mens
## Article (85) Waiting Period of Pregnant Woman
The waiting period of a pregnant elapses by giving birth or miscarriage.
## Article (86) The Waiting Period of a Nonpregnant Woman Whose Husband Has Died
The waiting period of a nonpregnant woman whose husband has died is as follows: 1. Before intercours
khula
## Chapter Six: Lineage
## Article (87) Methods of Proving Lineage
1. A child’s lineage to his/her father is proven by birth in a marriage contract, by admission, by p
## Article (88) Proof of Lineage in the Event of a Standing Marriage Contract
1. The minimum term of pregnancy is (180) one hundred and eighty days and the maximum is (365) three
## Article (89) Conditions of Proving Lineage by Admission
1. In order to prove lineage by admitting filiation, even during a dying sickness, the following con
## Article (90) Proof of lineage by DNA Test
In exceptional circumstances, or when newborns are mixed up in hospitals, or in the event of acciden
## Article (91) Proof of Lineage by the Wife’s Admission
If the admitter is a married woman, or in her Waiting Period, the child’s lineage to her husband sha
## Article (92) Inadmissibility of Hearing a Claim of Lineage Denial
If the lineage is proven in accordance with the provisions of Articles (87), (89), (90) and (91) of
## Article (93) Denying a Child’s Lineage by Accusation of Adultery
The husband may not deny the child’s lineage except by an accusation of adultery if the following tw
## Article (94) Hearing Accusation of Adultery Case
1. If a case of accusation of adultery is filed to deny the child’s paternity, the court shall consi
Sharia
## Chapter Seven: Alimony
## Article (95) Definition of Alimony
Alimony is a right for the person entitled to it, and includes necessities and basic needs of food,
## Article (96) Estimation of Expenses
1. When estimating the alimony, the extent of wellbeing of the spender, the condition of the person
## Article (97) Increasing and Decreasing Alimony
1. Alimony may be increased or decreased upon the change of circumstances. 2. The court shall determ
## Article (98) Continuous Alimony
The continuous alimony, which is due from the date of filing the case to claim it for the wife, chil
## Article (99) Spouse Maintenance
1. The husband shall provide maintenance for the wife -even if she is solvent- in accordance with a
## Article (100) Temporary Alimony
The court may decide, during the hearings of the alimony case, based on the wife’s request, to provi
## Article (101) Maintenance and Housing for a Woman in Waiting Period
1. Maintenance for a woman in a waiting period from a revocable divorce, shall be obligatory 2. Mai.
## Article (102) Compensation to a Divorced Woman
If the husband divorces his wife, with whom a valid marriage was consummated, by his sole will and w
## Article (103) The Extinguishment of the Wife’s Right to Alimony
The wife’s right to alimony is extinguished if she denies herself to her husband, or refrains from m
## Article (104) Marital House
The wife shall live with her husband in the appropriate marital house unless she stipulates otherwis
## Article (105) Categories that May Reside in the Marital House
1. The husband may have his parents and children from another wife live with his wife in the marital
## Article (106) Child Maintenance
1. The maintenance of a young child who has no money is the responsibility of his father, until the
## Article (107) Parental Maintenance
1. The maintenance of parents falls upon their solvent child, male or female, adult or underaged if
## Article (108) Distribution of Parental Maintenance Among Children
1. Parents' maintenance is distributed among their children in accordance with the solvency of each
## Article (109) Parents Joining the Child’s Household
If the child’s earnings do not exceed his needs and the needs of his wife and children, he shall inc
## Article (110) Order of Those Obligated to Provide Maintenance and Those Entitled to It
1. The maintenance of each person entitled to it is obligatory upon his/her solvent relatives who in
## Article (111) Date for Claiming Child’s and Relatives’ Maintenance
1. A claim to request a child’s maintenance from their father shall not be heard for a previous peri
## Chapter Eight: Custody
## Article (112) Definition of Custody
1. Custody is the preservation, upbringing, and care of the child, and looking after his/her interes
## Article (113) Conditions in the Custodian
The following conditions shall be available in the custodian: 1. Sanity, and reaching the age of (18
Mahrem
## Article (114) Order of Right in Custody
Custody is a right to the child, and is upon both parents as long as the marital relationship betwee
## Article (115) The Extinguishment of the Right to Custody
1. The right to custody is extinguished in the following cases: a. If one of the conditions that...
## Article (116) Conditions for Travelling with the Child in Custody Out of The State
1. The custodial parent may travel with the child in custody out of the State with the written appro
(Wali Al-Nafs)
(Wali Al-Nafs)
(Wali Al-Nafs)
(Wali Al-Nafs)
## Article (117) Passport of the Child in Custody
1. Without prejudice to the provisions of Article (116) of this Law, the guardian may keep the passp
## Article (118) Not Requesting Custody
1. If the child in custody is under two years old, and neither parent has requested custody, the mot
## Article (119) Custodian’s Wage
1. The custodian woman is not entitled to a wage if she is the wife of the child in custody’s father
## Article (120) Mother Leaving Marital House
If the mother leaves the marital house due to a dispute or otherwise, her right to custody is not ex
## Article (121) Visitation of the Child in Custody
1. If the child is in the custody of one of the parents, the other parent has the right to visit him
## Article (122) The Child in Custody’s Choice to Reside with One of His/Her Parents
If the child in custody reaches the age of (15) fifteen, he/she is entitled to choose to reside with
## Article (123) End and Continuation of Custody
1. Custody ends when the child reaches the age of (18) eighteen Gregorian years. 2. If the child in
## Article (124) Identification Documents
Subject to the provisions of Articles (116) and (117) of this Law, the custodian shall keep the iden
## Chapter Nine: Guardianship, Tutorship and Trusteeship
## Article (125) The Minor
1. A minor is either of deficient capacity or incomplete capacity. 2. A non-discerning minor, lunati
## Article (126) Appointment of Tutor
1. The father may appoint a tutor to manage the affairs of a minor, lunatic, idiot or a fetus in the
## Article (127) Appointment of Trustee
1. The court shall appoint a trustee to manage the property and affairs of an incapacitated prodigal
## Article (128) Divisions of Guardianship Over the Minor
1. Guardianship over the minor is divided into the following: a. Guardianship over the person ,...
(Wilayah Ala AL-Nafs)
(Wilayah Ala AL-Mal)
## Article (129) Order of Guardianship Over the Minor’s Property
1. Guardianship over the minor’s property shall be solely to the father, then to the tutor he names
## Article (130) Conditions that Shall be Met by the Guardian or Trustee
The guardian or trustee shall meet the following conditions: 1. To be of full legal capacity, trustw
## Article (131) Extent of Father’s Guardianship
The father’s guardianship includes his son’s minor children if their father is under guardianship.
## Article (132) Boundaries of Father’s Guardianship Over His Minor Child’s Property
1. The father’s guardianship over his minor child’s property shall include the preservation, managem
## Article (133) Guardianship and Donation Property for the Minor
Guardianship does not include property that is donated to the minor if so the donor conditions.
## Article (134) Nullification of the Disposition of a Minor’s Property
It is not permissible to lend or donate the property of a minor, or its benefits. If any of this occ
## Article (135) Depositing a List of the Minor’s Assets to Court
1. The guardian shall prepare a list of the minor’s property or what accrues to him/her, and shall d
## Article (136) Father’s Liability for Misconduct and Causing Harm to the Minor
1. The father’s actions become void if his misconduct is proven, and no interest in the action to th
## Article (137) Disposition of the Minor’s Property
The guardian may not conduct the following with the minor’s property except with the court’s permit:
## Article (138) Father’s Actions Subject to the Court’s Permit
The father’s actions are subject to the court’s permit in the following cases: 1. If he buys his chi
## Article (139) Provisions of Grandfather’s Guardianship
The provisions stipulated for the father’s guardianship shall apply to the grandfather.
## Article (140) Duty of the Tutor Authorized to Trade
The tutor authorized to trade with the minor’s property shall submit to the court a periodic account
## Article (141) Liability of the Supervisor Responsible of Monitoring the Tutor’s Work
If the father appoints a supervisor to monitor the tutor’s actions, the supervisor shall do what ach
## Article (142) Tutor’s Duty to Manage the Minor’s Property
Without prejudice to the provisions of applicable federal or local legislation, the Cabinet or the c
## Article (143) Court’s Monitoring of Tutor’s Actions
The tutor’s actions are subject to the court monitoring, and he/she shall submit periodic accounts t
## Article (144) Tutor’s Acts Requiring Court’s Permit
The tutor may not do the following except with the court’s permit: 1. Disposition of the minor’s pro
## Article (145) The Minor’s Right to Hold the Tutor Accountable
After reaching the age of majority, the minor has the right to hold the tutor accountable for his/he
## Article (146) Denying Guardianship Over Property and Termination of the Tutor
Guardianship shall be denied, and the tutor shall be terminated by a decision from the competent cou
## Article (147) Tutor’s Wage
1. Guardianship and trusteeship shall be without wage, unless the one appointing the tutor specifies
## Article (148) Scope of Tutor’s Work
The tutor shall abide by what is assigned to him/her in the will, except for what is contrary to the
## Article (149) Multiple Tutors
If there are multiple tutors, the order of tutorship shall be, unless the will includes otherwise, a
## Article (150) The Court’s Addition of One or More Tutor
The court may, on its own or upon a request of the tutor, add one or more tutors in case of his/her
## Article (151) Tutorship Effect
1. The effect of tutorship shall be suspended on the tutor’s acceptance, the tutor’s undertaking of
## Article (152) Dismissing and Resigning of the Tutor from Tutorship
1. The father is entitled to dismiss the tutor whenever he wishes. 2. The tutor may resign from tuto
## Article (153) Obligatory Denial of Guardianship Over the Person
Guardianship over the person shall obligatorily be denied in the following cases: 1. If one of the c
## Article (154) Permissible Denying of Guardianship Over the Person
1. A guardian’s power of guardianship over the person may be revoked, in whole or in part, permanent
## Article (155) Handing Over the Minor to a Trusted Person or a Specialized Institution
In the cases mentioned in Articles (153) and (154) of this Law, the court may, on its own or at the
## Article (156) Cases of Termination of Guardianship and Trusteeship
Guardianship and tutorship shall end if any of the following cases occur: 1. The minor has reached t
## Article (157) Continuation of Guardianship or Tutorship
If a minor who has reached the age of majority is of incomplete capacity or is not trustworthy over
## Article (158) Obligations of the Guardian or Tutor After the End of His/Her Mission
The guardian or tutor appointed by the court, upon completion of his/her mission, shall hand over th
## Article (159) Death or Deficiency of the Capacity of the Guardian, Tutor or Trustee Appointed by the
1. Without prejudice to the provisions of the legislation in force in the state concerning the regul
## Article (160) Restoring Guardianship Over the Person
In cases other than those in which guardianship is obligatorily removed, the court may restore guard
## Article (161) Suspension of Guardianship
The court shall order the suspension of guardianship if the guardian is deemed absent or is imprison
## Article (162) Effects of a Ruling Denying Guardianship
1. A ruling to deny guardianship over the person of a minor, shall result in its loss or suspension
## Article (163) Transfer of Guardianship After its Removal
If the court rules that the guardian’s power of guardianship over the person be terminated, limited,
## Article (164) Government Agencies that Undertake Guardianship Over Minors' Property
The provisions of this Law shall not prejudice the powers granted to federal or local government age
## Article (165) Preventing the Authorities Responsible for Minors’ Affairs
The authority responsible for minors’ affairs or any competent official thereof shall be prohibited
## Article (166) The Case of the Interdicted to Remove His/Her Interdiction
The person under the interdiction has the right himself/herself to file a case to remove the interdi
## Chapter Ten: The Absent and The Missing
## Article (167) Definition of the Absent and the Missing
1. The absent is a person whose domicile or place of residence is unknown, and whose financial affai
## Article (168) The Court Appointment of a Tutor to Manage the Property of the Absent or the Missing
1. If the absent or missing person has no guardian, the court may appoint a tutor to manage all or p
## Article (169) Termination of Loss
1. The loss ends in either of the following two cases: a. If the missing person’s life is confir...
## Article (170) Reappearance of the Missing Person Alive
The following results from the issuance of a ruling presuming the missing person dead and then his/h
## Chapter Eleven: The Will
## Article (171) Definition of the Will
1. A will is a legal disposition contingent on the death of the testator. 2. A Will is valid whether
## Article (172) Conditions Attached to the Will
If the will is accompanied by a condition contradicting the provisions of this Law, public order or
## Article (173) Execution of the Will
The will is executed from the estate of the testator, within the limits of one-third of the estate,
## Article (174) Dispositions of a Deathbed Will
Every disposition of transferring ownership issued by a sick person on a deathbed is deemed to be a
## Article (175) Elements of the Will
Elements of the will are: 1. The form. 2. The testator. 3. The devisee (legatee). 4. The bequest.
## Article (176) Formation of the Will
1. The will is formed by the word indicating it verbally or in writing, or else in the event of inca
## Article (177) Amendment and Revocation of a Will
1. The testator may amend the Will, or fully or partially revoke it, verbally or through an action i
## Article (178) Testator’s Conditions
1. The testator shall be of full legal capacity. 2. A will made by an interdicted person for charita
## Article (179) Mandatory Will (Al-Wasiya Al-Wajibah)
1. If a person dies, even if such death is legally deemed, and has son’s or daughter’s children, and
## Article (180) Multiplicity of Wills
1. The multiplicity of wills is not deemed a revocation of the previous will unless the testator exp
## Article (181) Devisee
The Devisee may be any of the following: 1. A specific living individual or fetus. 2. Limited or unl
## Article (182) Will Despite the Difference in Religion
A will is valid even if there is a difference in persons’ religion, whether they are spouses, relati
## Article (183) Bequeathing Property that Cannot be Owned by the Devisee
If the bequeathed is a property that the Devisee cannot own in accordance with the applicable legisl
## Article (184) Will to an Heir
1. A will may not be made in favor of an heir except in the following two cases: a. If it is app...
## Article (185) The Binding Nature of the Will in Accordance with the Devisee
The will is binding in accordance with the devisee as follows: 1. If it is for a specific natural pe
## Article (186) Rejection of the Will
1. A devisee, who has full legal capacity, may reject the will in whole or in part after the death o
## Article (187) Notifying the Devisee to Accept or Reject the Will
1. Acceptance or rejection of a will is not required immediately upon the testator’s death. 2. If th
## Article (188) The Impossibility of Executing the Will
If execution of the will becomes impossible for any reason, the bequeathed property shall return as
## Article (189) Execution of the Will for an Unlimited Group
If the will is for an unlimited group, its executor is entitled to estimate its distribution among t
## Article (190) Distribution of the Will in the Event of Multiple Devisees
If devisees are multiple in one will -or in more than one will- and the share of each one of them is
## Article (191) Conditions of the Bequest
The conditions of the bequest shall be as follows: 1. To be owned by the testator if it is specified
## Article (192) Forms and Provisions of the Bequest
1. The bequest may be in-kind, a benefit, or a valued right, whether in common or specific. 2. If th
## Article (193) If the Will Exceeds One-Third of the Estate
The will is executed if it does not exceed one-third of the estate, if the will exceeds one-third, i
## Article (194) Controls for Calculating the Deduction of the Benefit of the Bequeathed Property from
If the will is the benefit of an in-kind property, its deduction from one-third of the estate is cal
## Article (195) Returning the Bequeathed In-Kind Property’s Benefit to the Owner of the In-Kind Proper
The bequeathed benefit returns to the owner of the in-kind property, be they an heir or a devisee of
## Article (196) Conversion of the Will into an Endowment (Waqf)
If the devisee of the benefit or its produce is a legal person or an unlimited group that is not tho
## Article (197) Bequest of a Common Share in the Estate
If the will is for a common share in the estate, and some of it includes a debt or an absent propert
## Article (198) A Bequest Equivalent to a Share of a Specific Heir from the Testator’s Heirs
1. If the will is for the same share as a specific heir of the testator’s heirs, the devisee is enti
## Article (199) Cases of Nullification of the Will
The will is nullified in the following cases: 1. The testator’s revocation of his/her Will, in words
## Chapter Twelve: The Estate
## Article (200) Definition of the Estate
The estate is the property and financial rights left by the deceased.
## Article (201) Order of rights Pertaining to the Estate
The rights pertaining to the estate are lined in the following order: 1. Proper preparation of the d
## Article (202) Conditions for the Entitlement to Inheritance
The following conditions shall be met for the entitlement of inheritance: 1. The death of the testat
## Article (203) Deprivation from Inheritance
Amongst the impediments to inheritance is the deliberate murder of the testator, whether the murdere
## Article (204) Inheritance in the Case of Revocable Divorce and Divorce on a Person’s Deathbed
The separation between spouses during life bars inheritance from one another, except in the followin
## Article (205) Cases Precluding Inheritance
1. Inheritance is barred with the difference of religion. 2. Inheritance is barred between the dead
## Article (206) Forms of Inheritance
1. Inheritance is a fixed share or agnates , or both, or Uterus Relatives . 2. The fixed share is a.
(Fard),
(Al-Taa’seeb)
(Rahem)
Sharia
Sharia
## Article (207) The Inheriting Descendant (Branch)
The inheriting descendant is the one entitled to the inheritance, in whole or in part, and is among
## Article (208) The Inheriting Ascendant (Origin)
The inheriting ascendant is the one entitled to the inheritance, in whole or in part, and is among t
## Article (209) Fixed Shares (Foroud)
Fixed shares are: two-thirds, one-third, one-sixth, one-half, one-quarter, and one-eighth.
## Article (210) Heirs with Fixed Shares
Heirs with fixed shares are: the husband, the wife, the father, the mother, the paternal grandfather
## Article (211) Inheritance of the Husband
The husband inherits “half the estate” if no inheriting descendant of the wife exists and “a quarter
## Article (212) Inheritance of the Wife
1. The wife inherits “a quarter” if no inheriting descendant of the husband exists, and “one-eighth”
## Article (213) Inheritance of the Father
1. The father inherits “one-sixth” as a fixed share if there is a male inheriting descendant. 2. The
## Article (214) Inheritance of the Grandfather
1. The inheriting grandfather is any grandfather who is not related to the deceased by a female. 2..
## Article (215) Inheritance of the Mother
1. The mother inherits “one-sixth” in either of the following two cases: a. If the deceased has ...
## Article (216) Inheritance of the Grandmother
1. The grandmother does not inherit except from these sources: the mother’s mother, the father’s mot
## Article (217) Inheritance of the Daughter
1. The daughter inherits “half” if she is one, and “two-thirds” if there are two or more if the dece
## Article (218) Inheritance of the Son’s Daughter
1. The son’s daughter inherits “half” if she is one, and “two-thirds” if they are two son’s daughter
## Article (219) Inheritance of the Full Sister
1. The full sister inherits “half” if she is one, and “two-thirds” if there are two or more if the f
## Article (220) Inheritance of the Paternal Half-Sister
1. Without prejudice to the conditions stipulated in Clause (1) of Article (219) of this Law, a pate
## Article (221) Inheritance of the Maternal Half-Brother and the Maternal Half-Sister
A maternal half-brother or the maternal half-sister shall inherit “one-sixth” if there is one, and “
## Article (222) The Inheritance of a Group of Maternal Half-Siblings
If the deceased has a group of maternal half-siblings, males and females, one-third shall be divided
## Article (223) Definition of the Exclusion from Inheritance
Exclusion is depriving a person entitled to inherit from inheritance fully or partially.
## Article (224) Cases of Exclusion
1. A person, to whom an impediment precluding from inheritance applies, shall not exclude another. 2
## Article (225) Types of Agnate
There are three types of agnates: 1. Agnate by person. 2. Agnate by others. 3. Agnate with others.
## Article (226) Agnate by Person
Agnates by person are men heirs by kinship, except the maternal half-brother. Their lined in order i
## Article (227) Agnate by Others
1. Agnates by others are: a. A daughter or more, with a son. b. A son’s daughter or more...
## Article (228) Agnate with Others
The agnates with others are: a full sister or a paternal half-sister or more, with a daughter or a s
## Article (229) Inheritance of the Agnate by Person
If the agnate by person is unique, he shall take the entire Estate. If he is with an heir of a fixed
## Article (230) Order of Agnates
1. In the case of agnatic heirship, the highest priority is given in accordance with the order menti
## Article (231) Inheritance of the Agnate by Others and the Agnate with Others
The agnate by others and the agnate with others take the remainder of the estate after the fixed sha
## Article (232) Concurrence of those Entitled to Fixed Shares
If the shares of those entitled to fixed shares in the Estate are in concurrence, then their shares
## Article (233) Returning the Rest of the Estate to Those Deserving Fixed Shares
If fixed shares do not exhaust the entire estate, and there is no agnate, the remainder is returned
## Article (234) Definition of Uterine Relatives (Thawo Al-Arham)
Uterine relatives are all those who do not inherit by a fixed share or agnatically.
## Article (235) Types of Uterine Relatives
Uterine relatives are 3 parties divided as follows: 1. The paternal side, which includes all those r
## Article (236) Cases of Inheritance of Uterine Relatives
The uterine relatives inherit in either of the following two cases: 1. If there is no heir by fixed
## Article (237) Division of the Inheritance of Uterine Relatives
Inheritance of uterine relatives is by substituting each of them in the position of the heirs from w
## Article (238) Equality of Uterine Relatives Directions
If the directions of the uterine relatives are equal, and some of them are closer to the deceased, t
## Article (239) The \
The grandfather agnates the full sister or paternal half-sister, and she does not inherit with him b
Akdaria
## Article (240) The \
A full brother inherits by agnatic, except in the case which is the presence of a husband, mother, o
Mushtaraka
## Article (241) Disposition of the Estate in the Absence of an Heir
If there is no heir either by fixed share, by agnatic, or by uterine relationship, the estate shall
Awqaf
## Article (242) Inheritance of a Missing Person
1. The missing person’s share of his/her testator’s estate is reserved for him/her, on the assumptio
## Article (243) Inheritance of a Fetus
The greater of the two shares for a male or a female, or more based on an approved medical report sp
## Article (244) Inheritance of an Acknowledged Heir
1. If some of the competent heirs acknowledge a sharer in the inheritance or an excluder of one of t
## Article (245) Inheritance of Someone Whose Lineage to His/Her Father Is Not Proved
The person who is not attributed to his/her father, who is denied lineage, and the child who is deni
## Article (246) Heirs' Acknowledgement of Lineage
1. The deceased’s acknowledgement of lineage during his lifetime has no effect on the heirs unless t
## Article (247) \
1. \"Al-Takharuj\" is the agreement that some of the heirs or devisees relinquish their share of the e
## Article (248) Cases of \
1. The heirs may choose with each other or with the devisee if the estate is known to all those who
Al-Takharuj
Al-Takharuj
Al-Takharuj
Al-Takharuj
Al-Takharuj
Al-Takharuj
## Article (249) Types of \
1. If one of the heirs chose to go for from the estate with another, he/she is entitled to his/her .
Al-Takharuj
Al-Takharuj
Al-Takharaj
Al-Takharuj
Al-Takharuj
## Article (250) Fraud Over Inheritance
Any fraud over inheritance through sale, gift, will, or other dispositions shall be deemed void.
## Chapter Thirteen: Penalties
## Article (251)
Without prejudice to any harsher penalty, imprisonment and a fine of not less than (5,000) five thou
## Article (252)
Without prejudice to any harsher penalty, any custodian who travels with the child under his/her cus
## Article (253)
Anyone who conceals, squanders, destroys, or fraudulently seizes any of the property of the estate,
## Article (254)
Imprisonment and a fine of no less than (5,000) five thousand dirhams and no more than (100,000) one
## Article (255)
A criminal case may not be filed concerning the acts stipulated in Articles (252), (253), and (254)