Jaafari Personal Status Law
State of Kuwait · 515 stored articles
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Search statutory textsArticles 1 – 100103
- Article 1 الاوليThe accompanying Law concerning Ja‘fari personal status shall be put into effect.
- Article 2A betrothal unaccompanied by the marriage formula is not binding, and accordingly: 1 - Either party to the betrothal may withdraw from it. 2 - If the betrothed woman…
- Article 2 الثانيهApplication of the provisions of this Law falls within the jurisdiction of the Jaafari Family Courts Circuit at first instance, appeal and cassation, and final judgments…
- Article 3A promise of marriage: is an agreement between a man and a woman to marry each other, and it is not binding.
- Article 3 الثالثهIn all matters for which no provision is made in this Law, recourse shall be had to the opinion of the most learned living Ja'fari religious authority who satisfies the…
- Article 4If the betrothed woman purchases a trousseau with the amount of her dower or part thereof, or disposes of it by way of gift, charity, donation, or the like, and either…
- Article 5If the engagement is terminated and there is no blood relationship between them, return of the gifts themselves, their equivalents or their value may be claimed in the…
- Article 5 الخامسهThe years and months stated in this Law shall be calculated according to the lunar Jri calendar.
- Article 6If either of the betrothed dies, the gifts may not be claimed. Part Two: Essential Elements of Marriage
- Article 6 السادسهThe Prime Minister and the Ministers shall, each within his respective remit, implement this Law. Emir of Kuwait Sabah Al-Ahmad Al-Jaber Al-Sabah Issued at Seif Palace…
- Article 7The elements of marriage are three: 1 The contract formula. 2 The contracting parties. 3 The dower. First Element of Marriage: The Contract Formula.
- Article 8Marriage is a contract constituted by verbal offer and acceptance expressing will and intention. Mere mutual consent between the contracting parties is therefore…
- Article 9For the contract of a mute person, an intelligible gesture conveying offer and acceptance and indicating consent to marriage and the intention to enter into it shall…
- Article 10No effect shall be given to the contract of a person acting in jest, an inattentive person, a mistaken person, a sleeping person, or persons of a similar kind, nor to…
- Article 11Writing is insufficient for offer and acceptance, even with knowledge of intention and consent; rather, both must be uttered verbally. Law Index 1194 Home Page Jaafari…
- Article 12The offer and acceptance must: 1- Be expressed using the word marriage or wedlock; they are not valid using other words. 2- Be in the past tense and with the intention…
- Article 13The validity of the contract requires that the capacity of the contracting parties continue until completion of the contract between them. If one of them makes the offer…
- Article 14The wording of acceptance need not correspond to the wording of the offer; rather, the offer is valid in one wording and the acceptance in another. Article (15(1)…
- Article 16The contract must be unconditional, meaning not contingent upon an event that may occur. If it is contingent upon a possible event, the contract is void.
- Article 17A marriage contract may validly be concluded by appointing another person as agent for offer and acceptance. Agency in marriage is therefore permissible on one side or…
- Article 18If a woman appoints a man as her agent to contract her marriage, he may not marry her to himself unless she expressly states that the authorization is general, or her…
- Article 19A person placed under interdiction for prodigality may validly pronounce the contractual formula as agent for another, or as principal on his own behalf if his guardian…
- Article 20Islam is not a requirement in the person pronouncing the contractual formula as an agent. A non-Muslim may therefore undertake this under the agency granted to him by a…
- Article 21The contract of a person compelled to utter the marriage contract formula for another is permissible if that other person ratifies it, or for himself if he subsequently…
- Article 22Three matters are required of the person concluding the contract: 1 - Puberty: the contract of a discerning minor is not valid, even with the guardian's permission. (1)…
- Article 23Each of the two persons marrying must be sane, of sound judgment, and have attained puberty. If they are not so, their marriage shall not be valid, unless their…
- Article 24Custom shall be referred to in determining the harm anticipated by the coerced person from the coercer, as it varies according to persons socially, financially, and…
- Article 25If the marriage contract is concluded under coercion and is subsequently followed by consent and ratification, it shall be valid. Third Element of Marriage Dower
- Article 26The dower: Also called sadaq, it is that to which the woman becomes entitled by its stipulation in the contract or its determination thereafter, or by reason of…
- Article 27The dower may validly consist of anything upon which the two parties mutually agree, whether a small amount of theirs that has not, by reason of its smallness, ceased to…
- Article 28The dower must consist of something capable of lawful ownership: a tangible asset such as a house, land, money, or other assets; a benefit such as the use of an orchard…
- Article 29It is required that what is designated as dower be owned by the husband or by the person providing it as dower. If a dower is designated for her and it transpires that…
- Article 30The dower must be specified generally as to its nature, description, amount or number in a manner that removes uncertainty overall. If it is indeterminate, such as a…
- Article 31The wife acquires defeasible ownership of the entire dower upon the mere conclusion of the contract, and it becomes vested upon consummation. She owns half of it upon…
- Article 32It is not valid to designate as dower anything prohibited under Islamic Sharia if both spouses are Muslims, such as wine, swine, musical instruments, property obtained…
- Article 33The wife may refrain from surrendering herself to her husband before consummation until she receives her immediately payable dower.
- Article 34If he consummates the marriage with her by her choice and consent without her having received her prompt dower, she may not thereafter Law Index 1196 Home Page Jaafari…
- Article 35If he consummates the marriage by coercing her, before she receives her prompt dower, she may refuse to surrender herself to him and to cohabit with him until she…
- Article 36The entire dower may be made immediately payable or deferred, or part may be made immediately payable and part deferred. For the deferred portion, the term must be…
- Article 37The dower may be deferred until the earlier of the two events: either divorce or the death of either spouse.
- Article 38Complete indeterminacy in the term is not valid, such as deferring it to some time or some season without specifying the time or season. In the event of indeterminacy,…
- Article 39The husband must deliver the dower, and he is liable for it until he delivers it. If it perishes before delivery, even without wrongdoing or negligence, he shall be…
- Article 40It is not valid to defer a dower stipulated in the text of the contract as immediately payable.
- Article 41The entire dower becomes definitively due only upon consummation; seclusion with the wife has no effect.
- Article 42The marriage contract may omit mention of the dower, and the contract is valid without it. In this case, upon consummation, the wife shall be entitled to the customary…
- Article 43If the dower is deferred for a specified period and the husband then divorces his wife before that period expires, the deferred dower shall not in this case become…
- Article 44If the husband dies before consummation, the wife shall be entitled to half the dower. If she dies before him, her heirs shall have half the dower.
- Article 45If the dower is deferred for a specified period and the husband dies before its expiry, the dower becomes immediately due, and the wife may demand it before the expiry…
- Article 46If the wife dies before the expiry of the term of the deferred dower, it shall not become immediately due, and her heirs may not demand it from the husband until after…
- Article 47If the spouses agree on the dower and the husband claims to have delivered it but there is no evidence, the wife's statement, supported by her oath, shall prevail.
- Article 48If they disagree as to whether what the husband paid to his wife was a gift or dower, and the wife claims that it was a gift while the husband claims that it was dower,…
- Article 49The father and paternal grandfather have guardianship over the young male child, the young female child, and the insane person.
- Article 50Being Muslim is a requirement for guardians to exercise guardianship if the person under guardianship is Muslim.
- Article 51The guardianship of the father and grandfather shall cease upon their apostasy from Islam if the person under guardianship is Muslim.
- Article 52Neither the mother, nor the grandfather on the mother's side or through the father's mother, nor the brother, paternal uncle, maternal uncle, or their children, has…
- Article 53The grandfather’s guardianship is conditional neither on the father being alive nor on his death. When both are present, each shall independently exercise guardianship,…
- Article 54A woman's son has no guardianship over her, even if he is an adult.
- Article 55Neither the father, the grandfather, nor anyone else has guardianship in marriage over a legally competent adult, whether a man or a woman; rather, that person…
- Article 56A virgin woman who has attained puberty and is of sound judgment, whether or not she has control over her own affairs and is independent in the affairs of her life, may…
- Article 57In the absence of the father and grandfather, no cognate relative shall have guardianship over an adult virgin woman; rather, she shall independently exercise…
- Article 58For a virgin's permission, her silence when marriage is proposed to her and her failure to reject it shall suffice, unless there is something indicating that her silence…
- Article 59The guardianship of the father and grandfather over an insane male minor and female minor continues if their insanity continues into puberty. However, if they attain…
- Article 60Neither the father nor the grandfather shall have guardianship if both lose capacity, and if either loses it, guardianship shall belong exclusively to the other.
- Article 61A non-Muslim father or grandfather has no guardianship over his Muslim child.
- Article 62The guardianship of a non-Muslim father over his non-Muslim child is established if the child has no Muslim grandfather. Law Index 1198 Home Page Jaafari Personal Status…
- Article 63A previously deflowered woman means a woman with whom a lawful marriage has been consummated. Chapter Three A Condition within the Contract
- Article 64A condition may be stipulated in the marriage contract if the condition is valid, and it must be fulfilled. If it is not fulfilled, the person in whose favour it was…
- Article 651- That it not contravene the rulings and legislation established in the Noble Book and the Noble Sunnah. 2- That the condition not render lawful what is prohibited or…
- Article 66If the husband stipulates to the wife that she shall have no share in the allocation of nights, no maintenance, or no right to request procreation from him, or the like…
- Article 67The wife has no right to stipulate that the husband transfer ownership to her of anything in excess of the deferred dower if he divorces her.
- Article 68An option to rescind may not be stipulated in the marriage contract, whether for the husband or the wife. If they stipulate it, the condition shall be void and the…
- Article 69If she stipulates that he house her in her town, in a specified town, or at a particular time, he shall comply with the condition unless she waives it.
- Article 70The wife may stipulate that she be the husband's agent in divorcing herself, and she cannot be dismissed. If she divorces herself, her divorce shall be valid. Chapter…
- Article 71The grounds prohibiting a man’s marriage to a woman are one of the following matters: 1 - Blood relationship. 2 - Milk kinship. 3 - Affinity. 4 Completion of the…
- Article 72It is a condition for the spouses entering into the contract that neither be prohibited in marriage to the other. The prohibition may be permanent, with which marriage…
- Article 73Permanent prohibition arising from consanguinity consists in the prohibition of a person's marriage to any relative except the children of paternal uncles and aunts and…
- Article 74Birth alone suffices to establish kinship in the preceding categories, even if it results from unlawful intercourse. Thus, a daughter born of unlawful intercourse is…
- Article 75What is prohibited by consanguinity is prohibited by breastfeeding. Thus, the following categories are prohibited to a man: 1 - The nursing woman. 2 - The nursing…
- Article 76The daughters of the male suckled child and the female suckled child are prohibited in marriage to the man to whom the milk is attributed, and the sons of the female…
- Article 77Breastfeeding that creates a prohibition of marriage is established by either of two means: 1 - A report by one or more persons giving rise to knowledge or assurance…
- Article 78Testimony concerning breastfeeding shall not be admitted unless it is detailed.
- Article 79The extension of the prohibition of marriage through breastfeeding has the following constituent elements: 1 - The breastfeeding woman. 2 - The breastfed child. 3 - The…
- Article 80For suckling to establish a marriage prohibition, the nursing woman's milk must result from a lawful birth, even if arising from intercourse under a mistaken belief of…
- Article 81The prohibition of marriage extends through breastfeeding occurring after the nursing woman has given birth, whether the birth was full-term or a miscarriage, provided…
- Article 82The woman's remaining in the marital bond with the man is not a requirement for the extension of the prohibition of marriage through breastfeeding. Second: The breastfed…
- Article 83The following are required in respect of the breastfed child: 1 - That the child's breastfeeding take place before the end of the weaning period, that is, within the two…
- Article 84For the growth of flesh and the strengthening of bone, it is required that breastfeeding independently bring about both, in such a manner that both are attributable to…
- Article 85The two years shall be reckoned according to lunar months, not Gregorian months, from the time of birth. Even if the birth occurs during a month, the period shall be…
- Article 86The following are required for the extension of marriage prohibition through breastfeeding: 1- That the nursing woman be alive. 2- That suckling occur directly from the…
- Article 87Affinity is: a relationship between one spouse and the relatives of the other that entails a prohibition of marriage between them, either to the individual as such or by…
- Article 88Affinity arises from four causes, namely: 1 - A marriage contract, whether accompanied by consummation or not. 2 - A marriage contract with consummation. 3 - Intercourse…
- Article 89The marriage contract, absolutely, whether or not the husband has consummated the marriage, permanently prohibits three categories: 1 - The father's wife, however far…
- Article 90If he contracts marriage with a woman, her daughter, however far down the line of descent, becomes permanently prohibited to him in marriage, provided that he…
- Article 91It is not valid to be married to two sisters simultaneously, whether they are sisters by blood or by breastfeeding. If he marries one of the two sisters and then marries…
- Article 92If he divorces his wife revocably, marriage to her sister shall not be valid unless her waiting period has expired. The Fourth Ground of Prohibition of Marriage…
- Article 93A man’s marriage to a fifth woman is not valid as long as four women remain married to him.
- Article 94Marriage is not concluded between a Muslim man and a woman who is not of the People of the Book. As for marriage to a woman of the People of the Book, the opinion of the…
- Article 95Whoever contracts marriage with a married woman or a woman observing a waiting period following a revocable divorce from another man, knowing of the prohibition, shall…
- Article 96Whoever contracts marriage with a married woman or a woman observing a waiting period following a revocable divorce from another man, without knowing that she is…
- Article 97Whoever commits adultery with a married woman or a woman observing a revocable-divorce waiting period from another man shall be permanently prohibited from marrying her…
- Article 98The wife's maintenance is not obligatory during the interval between the contract and the wedding, as the customary understanding is an indication of its waiver during…
- Article 99A husband owes maintenance to his wife by virtue of the contract, even if she is affluent, provided that she does not withhold herself from him, after the customary…
- Article 100The wife shall not be obliged to provide any furnishings or living necessities in the matrimonial home. If she brings anything, it shall remain her property, and the…
Articles 101 – 20099
- Article 101The wife's maintenance is obligatory upon her husband if she is obedient and not recalcitrant; if she is recalcitrant, her maintenance shall not be obligatory.
- Article 102If the wife has a Sharia excuse for not obeying her husband in what is incumbent upon her, her maintenance shall not lapse, as where she travels for an obligatory…
- Article 103Maintenance is due to a revocably divorced woman throughout her waiting period, because she has the status of a wife, and the effects of marriage, including inheritance…
- Article 104Maintenance is not obligatory for a woman divorced irrevocably or by khulʿ unless she is pregnant, even if she was disobedient before the divorce.
- Article 105The criterion for obligatory maintenance is providing what the wife needs for her livelihood in terms of food, housing, clothing, servants, and other things befitting…
- Article 106Childbirth expenses and the fees of the midwife, hospital, or physician, or medical treatment, and the cost of medicines if she needs them, are considered obligatory…
- Article 107The wife's maintenance is an established right of hers and shall be paid in arrears if the husband does not pay it when due. It is not linked to the wife's poverty or…
- Article 108The wife's maintenance is a right belonging to her that may be waived each day; indeed, she may waive her maintenance even for future periods.
- Article 109If the wife's remaining with her husband in one house entails hardship and difficulty or moral or religious harm to her, such that cohabiting with him in the house leads…
- Article 110In providing maintenance to his wife, the husband has the choice between providing foodstuffs in kind, consisting of bread, accompaniments, cooked meat, and other…
- Article 111If the husband is insolvent and his insolvency is established by any means of proof, his wife's maintenance shall be a debt owed by him, payment of which shall be…
- Article 112If the wife borrows to spend on herself during the husband's absence owing to travel, work, or otherwise, the husband must repay the debt unless it involves excess and…
- Article 113The wife is entitled to demand a dwelling appropriate to her standing according to the custom of women like her, including the facilities she needs. She may also demand…
- Article 114The wife does not acquire ownership of the dwelling as against her husband; rather, it is a matter of use, not transfer of ownership. As for jewellery, appliances, and…
- Article 115If a period passes while the wife is with her family or with others, and she has not rented a house for her residence, she shall not be entitled to claim rent for the…
- Article 116If the husband divorces his wife revocably and she is in marital disobedience at the time of her divorce, she shall not be entitled to maintenance during the waiting…
- Article 117The wife acquires ownership of her maintenance upon receipt, without distinction between food in kind and its value, and the same applies to the clothing obligatory for…
- Article 118If the husband refuses to provide maintenance to his wife despite his ability to do so, she may bring her matter before the judge, who shall notify him that he must do…
- Article 119Maintenance of children, however remote in descent, is obligatory upon their fathers, however remote in ascent, and maintenance of fathers, however remote in ascent, is…
- Article 120Maintenance by reason of kinship is not obligatory for persons other than ascendants and descendants, such as siblings, paternal uncles, maternal uncles, and their male…
- Article 121The obligation is to maintain a relative by consanguinity, not by affinity, provided that the person providing maintenance has the ability and means, and provided that…
- Article 122The meaning of the affluence and ability of the person providing maintenance is that there remains from his property a surplus beyond the maintenance of himself and his…
- Article 123The obligation in respect of a relative's maintenance is the amount sufficient to meet essential needs for food, clothing, and accommodation that preserve the relative's…
- Article 124Uprightness and Islam are not required of the person receiving maintenance; rather, maintenance is obligatory for ascendant and descendant relatives even if they are…
- Article 125The obligation to provide maintenance, as regards the person providing maintenance and the person receiving it, follows the order of relatives according to proximity and…
- Article 126Marital disobedience that precludes the obligation to provide maintenance occurs when the wife rebels against her husband by denying him his rights, by doing things that…
- Article 127A wife's failure to attend to her husband's needs, such as cooking, washing, ironing and others, shall not be considered marital disobedience.
- Article 128The wife may refuse to move to the matrimonial home if the husband cannot be trusted with her safety, and she shall not be considered disobedient. The dower shall not be…
- Article 130A wife owes no obedience to her husband in matters prohibited under Sharia, and her disobedience to him in that respect does not render her recalcitrant.
- Article 131A wife's refusal of her husband's request that she veil herself by wearing an abaya or the like in addition to her covering prescribed by Sharia does not constitute…
- Article 132Whoever marries an employed woman, knowing this when contracting marriage with her, shall not be entitled to demand that she leave her employment, even if it conflicts…
- Article 133A mother is not obliged to breastfeed her child, either gratuitously or for remuneration, if the child's preservation does not depend on it. Nor is she obliged to…
- Article 134If the husband denies his wife her obligatory Sharia rights, behaves badly toward her, harms her, and beats her, he shall be considered in marital disobedience. Part…
- Article 135The marital disobedience of both husband and wife together is termed discord.
- Article 136If marital disobedience occurs on the part of both spouses, and estrangement and discord arise between the two parties, the judge shall appoint two arbitrators, one on…
- Article 137Any separation between the husband and wife that the two arbitrators consider appropriate shall not take effect unless the two arbitrators stipulated to them, when they…
- Article 138Separation shall be effected only by divorce, and its conditions must all be satisfied when it takes effect.
- Article 139Two arbitrators who are not members of the spouses' families may be appointed if necessity so requires. Chapter Seven: Grounds Giving Rise to the Option to Rescind the…
- Article 1401 - Defect, which is either in the man or in the woman. 2 - Fraudulent concealment. - Stipulation.
- Article 141The husband's defects that establish the wife's option to rescind the contract before intercourse are four: 1 - Insanity. 2 - Castration. 3 - Impotence impotence. 4 -…
- Article 142The wife shall have the option to rescind her marriage contract if the husband is permanently or intermittently insane.
- Article 143Castration is the removal of the two male glands, the testicles, or their crushing so that their potency is destroyed.
- Article 144A - Impotence, impotence: It is the illness preventing erection of the organ such that penetration is not possible. B - The wife has the option to rescind the contract,…
- Article 145Amputation of the penis: this is the cutting off of the man’s sexual organ such that nothing remains with which intercourse is possible, even to the extent of the glans.
- Article 146The husband shall have the option on account of a defect if, after the contract, he learns of the existence of one of the following six defects in his wife: 1- Insanity,…
- Article 147The marriage contract shall be annulled for defects in the woman only if it is established that they existed before the contract. As for those arising thereafter, they…
- Article 148Infertility is not a defect giving rise to an option, whether on the part of the man or on the part of the woman.
- Article 149Annulment on grounds of defect is not divorce, whether effected by the husband or the wife; it is therefore not covered by the rules of divorce, nor are its conditions…
- Article 150Each of the aforementioned defects shall be established by the acknowledgment of the person having it and by evidence of his acknowledgment, and shall also be…
- Article 151Fraudulent misrepresentation is: deception by concealing an existing deficiency or by displaying a quality of perfection that does not exist.
- Article 152The option on grounds of deception arises in marriage upon concealment of a defect in either spouse other than the defects previously stated previously stated to give…
- Article 153Deception giving rise to the option of rescission is not established merely by the wife's silence while the husband believes that no defect exists, in respect of defects…
- Article 154If a quality of perfection or a quality of absence of deficiency is stipulated within the contract, whether by the man or by the woman, or the contract is concluded on…
- Article 155If he stipulates that the wife be a virgin and she turns out to be a non-virgin, he shall be entitled to annulment if it is established by her admission or by evidence…
- Article 156The marriage contract is binding and is not dissolved by mutual cancellation or by an option other than the option arising from the aforementioned defects and the…
- Article 157There are three types of divorce: 1- Revocable and irrevocable divorce. 2- Khulʿ divorce. 3- Divorce by mutual release. First Part: Irrevocable and Revocable Divorce
- Article 158Valid divorce is of two types: First: Irrevocable divorce, whereby the divorced woman leaves the husband's marital bond and he has no right to take her back, whether or…
- Article 159The elements of divorce are four: 1- The formula. 2- The divorcing husband. 3- The divorced wife. 4- Attestation. First: The Formula
- Article 160The formula of divorce may only employ the active participle derived from the word for divorce; thus, divorce takes effect only by saying: You are divorced, or This…
- Article 161The divorce formula must be in Arabic when it is possible to use it; its equivalent in other languages shall not effect divorce. However, where there is inability to…
- Article 162Divorce shall not take effect by gesture or in writing except in the event of inability to speak.
- Article 163The divorce formula must be immediately effective and not made contingent upon anything. Immediate effectiveness means that the divorce occurs upon utterance of the…
- Article 164A husband may authorize another person to divorce his wife, whether he is absent or present, and he may also authorize his wife to divorce herself.
- Article 165The father or grandfather may pronounce divorce on behalf of his insane son. Index of the Law 1208 Home Page Jaafari Personal Status Law Law No. 124 of 2019 promulgating…
- Article 166Four matters are required of a person pronouncing divorce: 1 - That he has reached puberty; divorce by a person who has not reached puberty is not valid, even if his…
- Article 167Neither the father nor the paternal grandfather may divorce the wife of a periodically insane person, nor the wife of a minor, an intoxicated person, or an unconscious…
- Article 168Duress is established by three matters: 1 - The coercing person must be dominant and capable of carrying out what he promises. - The coerced person must be overpowered…
- Article 169If he pronounces divorce under duress and then subsequently consents to it and ratifies it, that shall not render it valid; rather, it shall also be void, unlike a…
- Article 170The wife’s knowledge of the divorce, her notification thereof, and her consent are not requirements for the validity of the divorce. Third: The Divorced Woman
- Article 171The following matters are required in respect of the woman being divorced: 1- That she be specified in a manner eliminating uncertainty, such as by saying: So-and-so is…
- Article 172Excepted from item 2 of the preceding Article 171 are women who may be divorced even if menstruating at the time of their divorce, namely: 1 A woman with whom marriage…
- Article 173If he divorces her during a period of purity in which he has had intercourse with her, this divorce shall not be valid except in the following cases: Law Index 1209 Home…
- Article 174If the husband pronouncing divorce is present but is unable to ascertain her condition as regards menstruation or postpartum bleeding, he shall be regarded as absent.
- Article 175If the wife states that she is free of menstruation and is then divorced, and after the divorce has occurred she says that she was menstruating at the time of divorce,…
- Article 176If the husband is absent from his wife while she is menstruating and divorces her after the passage of a period in which he knows that her menstrual period has ended,…
- Article 177Having witnesses attest to the divorce is considered an essential condition for its validity.
- Article 178The divorce formula must be pronounced in the presence of two upright male witnesses gathered in a single session. The divorce is not valid if the two witnesses are…
- Article 179Probity in the two witnesses to divorce and otherwise means a special state that impels him to remain upright on the path of the sacred Sharia, not deviating from it by…
- Article 180Revocation of divorce is: returning a divorced woman to her former husband during her waiting period if her divorce was revocable. There is no revocation in an…
- Article 181Revocation of divorce is a unilateral legal act, so the wife's acceptance is not required for it. It may validly be effected by any words or act indicating it and…
- Article 182Agency in revocation of divorce is valid. Thus, if the agent says, “I have taken you back” or “I have restored you to the marriage of my principal,” intending…
- Article 183A revocably divorced woman has the status of a wife as long as she is in the waiting period, and the effects of marriage attach to her, including maintenance, mutual…
- Article 184Revocation of divorce is established by the husband’s mere assertion if his assertion is made during the waiting period. If, however, his assertion of revocation is made…
- Article 185Khulʿ: is divorce in exchange for compensation from the wife who dislikes her husband.
- Article 186Khulʿ is subject to two conditions: a The wife must have an aversion to her husband without the husband having an aversion to her. 2 The wife must offer her husband…
- Article 187For a wife's aversion to her husband to be recognized, her aversion to him must reach a degree that leads her to threaten him with ceasing to observe his marital rights…
- Article 188The consideration for release must satisfy the following conditions: a It must be something that may lawfully be owned under Sharia. If she ransoms herself with…
- Article 189The redemption payment may be equal to, less than or greater than the dower.
- Article 190The formula of khulʿ is effected using the term khulʿ or divorce, each separately from the other or combined with it. Thus, after the wife has made an offer of ransom…
- Article 191Agency is permissible in the provision of consideration and in khulʿ. The wife’s agent shall undertake the provision of consideration, and the husband’s agent shall…
- Article 192As regards the aversion considered a condition for the validity of khulʿ, no distinction is made between its being caused by an inherent characteristic of the husband,…
- Article 193If the reason for her dislike of him is his oppression, harm and ill-treatment of her in order to induce her to surrender her dowry so that he will divorce her, the…
- Article 194For khulʿ to be valid, immediacy between the making of the offer of compensation and the divorce is required.
- Article 195Khulʿ divorce is irrevocable and no revocation may take place unless the woman retracts what she has given. She may retract it so long as she remains in the waiting…
- Article 196Mubāraʾah: is divorce arising from aversion on the part of both spouses together, and all the preceding conditions required for divorce and khulʿ are required for it.
- Article 197In addition to the foregoing requirements for khulʿ, mubara’ah requires: a That the redemption payment not exceed the amount of the dower. That the aversion be on the…
- Article 198Mubaraʾah divorce is an irrevocable divorce like khulʿ. The divorcing husband may not revoke it unless the divorced woman retracts the ransom before her waiting period…
- Article 199ʿIdad is the plural of ʿiddah, which is: the days during which a woman waits after separation from her husband, or after intercourse to which there is no entitlement…
- Article 200Grounds requiring a woman to observe a waiting period: 1 Divorce. 2 Death of the husband. 3 Rescission of the contract for a defect or otherwise. 4 Dissolution of the…
Articles 201 – 300103
- Article 201There is no waiting period upon the divorce of a menopausal woman, without distinction between one with whom the marriage has been consummated and one with whom it has…
- Article 202Menopause is established after menstrual bleeding ceases and there is no expectation of its return due to the woman's advanced age and her reaching fifty lunar years.
- Article 203There is no waiting period upon the divorce of a woman with whom the marriage has not been consummated, whether she is a virgin or a non-virgin.
- Article 204The waiting period of a non-pregnant wife who menstruates and whose menstruation is regular is three periods of purity. Her waiting period ends as soon as she sees the…
- Article 205A non-pregnant wife who menstruates but whose menstruation is irregular, such as one who menstruates once every four months or five months, shall observe a waiting…
- Article 206A non-pregnant woman who does not menstruate while being of menstruating age—whether her lack of menstruation is congenital or due to a supervening cause such as…
- Article 207The waiting period of a pregnant divorced woman ends upon childbirth, whether the period is long or short, provided that her pregnancy is Law Index 1212 Home Page…
- Article 208The pregnancy whose delivery ends the waiting period includes every pregnancy, even if it is a fully formed or incompletely formed miscarried foetus, and even if it is a…
- Article 209The waiting period for divorce begins from the time the divorce occurs, whether the husband is present or absent. If a man divorces his wife while he is absent and she…
- Article 210A non-pregnant wife whose husband has died shall observe a waiting period of four months and ten days, whether menopausal or not, Muslim or non-Muslim, whether the…
- Article 211The waiting period of a woman whose husband has died begins when news of his death reaches her, not at the time of his death.
- Article 212If a divorced woman is pregnant and her husband then dies, her waiting period shall end upon the later of the two terms: delivery of her pregnancy and expiry of the…
- Article 213The waiting period of a pregnant woman whose husband has died is the later of the two terms.
- Article 214If the wife is irrevocably divorced after consummation, and her husband then dies while she is in her waiting period, she shall not be subject to a waiting period…
- Article 215If either spouse annuls their marriage contract on account of one of the defects mentioned in Article 141, and this occurs after consummation, she must observe the…
- Article 216If a Muslim husband apostatizes from Islam, and his apostasy is from innate Islam, his wife shall become separated from him immediately and shall observe the waiting…
- Article 217If the husband apostatizes after conversion, meaning that he was not originally a Muslim but embraced Islam and thereafter apostatized, his wife must observe the waiting…
- Article 218If the husband apostatizes after having embraced Islam and has not consummated the marriage with her, the marriage shall be dissolved immediately, and his Muslim wife…
- Article 219If the husband of a woman who is not of the People of the Book embraces Islam, and his conversion occurs before consummation, the marriage shall be dissolved…
- Article 220If the wife of a non-Muslim embraces Islam, then, if this occurs before consummation, the marriage shall be dissolved; if it occurs thereafter, the matter shall depend…
- Article 221A missing person from whom his family has received no news falls into two categories: One whose wife knows that he is alive but does not know in which country he is. One…
- Article 222Where a missing person’s family has received no news of him and his wife knows that he is alive but does not know in which country he is, the ruling applicable to her is…
- Article 223Where a missing person has ceased to send news to his family and his wife does not know whether he is alive or dead, and the husband has property from which she is…
- Article 224Where a missing person's family has ceased to receive news of him, his wife knows neither whether he is alive nor whether he is dead, the husband has no property from…
- Article 225The guardian meant here is the missing person's father and paternal grandfather.
- Article 226The waiting period of a woman whose husband is missing, after searching and making inquiries for him during the four years, is a waiting period for divorce, even though…
- Article 227If the husband returns after completion of the inquiry process and the expiry of the 4 years, then, if his return is before the divorce, she is his wife; and if his…
- Article 228Regarding the aforementioned provisions, no distinction shall be made among missing persons between a traveler, a fugitive, and one who was in a battle, on a ship that…
- Article 229The inquiry need not be conducted directly by the judge; it is sufficient for anyone to undertake it, but this must be by order of the judge.
- Article 230The inquiry need not be continuous and uninterrupted throughout the 4 years; rather, it is sufficient that what is customarily considered inquiry and searching for him…
- Article 231The waiting period of up to four years begins only when her matter is brought before the judge. The period that elapsed before her matter was brought before him shall…
- Article 232If the missing person's death becomes known during the 4 years or thereafter, but before the judge grants a divorce, the wife must observe the waiting period for his…
- Article 233The child born to a woman shall be attributed to her husband subject to conditions: Penetration with ejaculation, or ejaculation into the vagina and around it, or entry…
- Article 234Lineage shall be established by one of three: Acknowledgment. 2 Testimonial evidence. Common repute.
- Article 235Acknowledgment may concern the filiation of a young person who has not attained puberty, or an adult who has attained puberty.
- Article 236The effectiveness of acknowledgment of the filiation of a minor who has not reached puberty is subject to the following requirements: a That it not be contradicted by…
- Article 237If the conditions set out in the preceding Article are fulfilled, the child's filiation to the acknowledging person is established, and all effects under Sharia,…
- Article 238If a man acknowledges the filiation of a young child, the child's descent from him shall be established. If the child attains puberty and denies being the child of the…
- Article 239For an acknowledger's acknowledgment of the filiation of an adult child who has attained puberty to be effective, the adult child must confirm it. If the adult child…
- Article 240If the two adults mutually acknowledge the establishment of lineage between them, neither one's retraction of his acknowledgment nor their joint retraction of their…
- Article 241If a woman acknowledges a young child who has not reached puberty as her child, his lineage from her shall be established, just as in the case of a man's acknowledgment…
- Article 242Lineage is not established by adoption, even if the adopted child's lineage is unknown. Chapter on Custody
- Article 243The mother has the greater right to custody of her child, whether male or female, until the child reaches seven years of age; custody shall then belong to the father…
- Article 244The custodian shall not spend the night except with his custodian.
- Article 245Just as custody is a right of the mother and father or others, it is also a right of the child against them; if they refuse, they shall be compelled to undertake it.
- Article 246Either parent may relinquish the right of custody to the other for all or part of his or her custody period. The father shall not be entitled to revoke his…
- Article 247The mother's right to custody—where established—shall not lapse if the father separates from her by annulment or divorce, unless the mother marries another man h during…
- Article 248Custody ends when the child reaches maturity with sound judgment. Once he reaches maturity with sound judgment, no one has a right of custody over him, even his parents,…
- Article 249The threshold of puberty for a male is completion of 15 lunar years, or his having a nocturnal emission before then, or the growth of coarse pubic hair; for a female, it…
- Article 250If the father dies after custody has passed to him, the mother, whether married or not, shall have priority in custody of both the male and the female over all his…
- Article 251If the mother dies during her period of custody, the father shall have custody to the exclusion of anyone else.
- Article 252A parent or other person entitled to custody must be Muslim, of sound mind, and trustworthy regarding the child's health and moral safety.
- Article 253Personal performance of child custody is not obligatory. A person entitled to custody may entrust it to another, with confidence that the other will carry it out in the…
- Article 254A will is a person's direction during his lifetime concerning what he wishes after his death.
- Article 255Wills are of two types: 1- A dispositive will: a will conferring ownership or an exclusive right, whereby a person assigns something of his property or rights to another…
- Article 256A testamentary disposition transferring ownership has three essential elements: the testator, the bequeathed property, and the legatee.
- Article 257A directive will is constituted by the testator and the subject matter of the will. If the testator appoints a person to execute it, its parties shall be three with the…
- Article 258For a will to be established, anything indicating it, whether words—express or otherwise—or an act, even writing or a gesture, is sufficient, without distinction in this…
- Article 259A will is revocable on the testator's part. He may revoke it as long as he is alive and alter it entirely or in some of its aspects, modalities or subject matters. Home…
- Article 260Revocation of a will is effected by words or by conduct.
- Article 261If the testator does not appoint an executor in a directive will to implement it, the judge shall undertake its administration or appoint someone to undertake it.
- Article 262A testamentary mandate does not require acceptance.
- Article 263Acceptance is not required for a testamentary disposition transferring ownership if it transfers ownership to a general category, such as a bequest to the poor.
- Article 264Acceptance is required for a will transferring ownership if it transfers ownership to the person designated as legatee.
- Article 265Anything indicating consent, by words or conduct, shall suffice for acceptance, such as taking the bequeathed property with the intention of acceptance.
- Article 266There is no difference as regards acceptance between its occurrence during the testator's lifetime or after his death. Likewise, there is no difference as regards…
- Article 267The legatee's rejection of a testamentary disposition transferring ownership shall invalidate it if the rejection occurs after death and was not preceded by his…
- Article 268If the legatee dies during the testator’s lifetime or after his death before the legatee has rejected or accepted the bequest, his heirs shall take his place in…
- Article 269A testamentary disposition transferring ownership shall be established by the testimony of two upright Muslim men, by the testimony of one upright Muslim man together…
- Article 270A testamentary disposition transferring ownership is distinguished by being established by the testimony of four upright Muslim women. One quarter of it is thus…
- Article 271A testamentary appointment, being the appointment of a guardian by will, shall be established by the testimony of two upright men. The testimony of women shall not be…
- Article 272A testamentary disposition transferring ownership is established by the acknowledgment of all the heirs if they are of sound mind and of full age, even if they are not…
- Article 273If some heirs acknowledge, while others do not, the testamentary disposition conferring ownership shall be established with respect to the share of the acknowledging…
- Article 274If two heirs acknowledge the bequest and both are upright, the bequest shall be established in its entirety. If there is one upright person, it shall also be established…
- Article 275A testamentary direction is established by the acknowledgment of all the heirs. If some of them acknowledge it, part of the subject matter of the testamentary…
- Article 276The testator must satisfy the following requirements: First: Puberty. Second: Sanity. Third: Sound judgment; thus, a will made by a prodigal concerning his property is…
- Article 277A testamentary appointment of a guardian over the child by either the father or the grandfather shall be valid in the absence of the other, and shall not be valid in his…
- Article 278If he makes a testamentary disposition transferring ownership of property to a minor, but entrusts its administration to someone other than the father and grandfather,…
- Article 279If he makes a testamentary disposition transferring ownership of property to a minor and places guardianship over the property in the hands of the executor until the…
- Article 280If the testator says to a person: You are guardian and custodian over my minor children and my son’s children, and does not restrict the guardianship to a particular…
- Article 281If the testator restricts guardianship to one matter to the exclusion of another, the guardian must confine himself to the subject of the authorization and not to other…
- Article 282If he directs by will that someone other than the guardian undertake his funeral preparations, such as washing him and praying over him, despite the existence of the…
- Article 283The subject of a testamentary disposition transferring ownership is subject to the following requirements: 1 It must be owned by the testator. 2 It must have monetary…
- Article 284A condition of a testamentary directive is that what is directed be a permissible act. A will directing the expenditure of his property on assisting oppressors,…
- Article 285A testamentary direction is subject to the condition that the expenditure of property under it must not constitute foolishness and frivolity on the part of the testator;…
- Article 286There is no distinction between a will being made while the testator is suffering from an illness other than the illness in which he dies and its being made while he is…
- Article 287It is a condition of the bequeathed property that it not exceed one-third. If a person bequeaths more than that, it shall be void except with the heir's approval. If…
- Article 287 مكررIf the deceased did not bequeath to the descendant of his child who died during his lifetime or died with him—even by legal presumption—an amount equal to his share of…
- Article 287 مكررا أIf the deceased bequeathed to a person entitled to a mandatory bequest more than his share, the excess shall be a voluntary bequest; if he bequeathed to him less than…
- Article 287 مكررا بThe mandatory bequest shall take precedence over other bequests. If the deceased did not make a bequest to those entitled to the mandatory bequest and made bequests to…
- Article 288For a bequest to take effect, it is not required that the testator intend it to be from the third that the Lawgiver has allotted to him. Thus, if he bequeaths a specific…
- Article 289If he bequeaths one third of what he leaves, then bequeaths something intending it to come from the heirs' two thirds, the second bequest shall also be valid if they…
- Article 290If he bequeaths a specific asset and also bequeaths one third of the remainder, the bequest shall take effect in respect of one third of that asset, and its effect in…
- Article 291The heirs' approval is not required to be immediate.
- Article 292What the deceased owns after death shall be counted as part of the estate, and one-third shall be taken from it if he has bequeathed it.
- Article 293The third shall be calculated after excluding what is payable out of the principal estate, such as debt and Sharia entitlements. If anything remains thereafter, a third…
- Article 294Financial obligations shall be paid out of the principal of the estate even if the testator did not provide for them in his will; they are the sums for which he was…
- Article 295The Hajj pilgrimage that becomes obligatory by virtue of capacity is in the nature of a debt and is paid out of the principal of the estate.
- Article 296If the testator specifies his one-third in a particular asset, it shall be designated accordingly. If he delegates the designation to the executor and the executor…
- Article 297If the testator does not designate his one-third in a specific asset and does not authorize the executor to do so, his one-third shall be an undivided share in the…
- Article 298If anything from the estate is destroyed after the testator's death, the financial obligations must be paid out of the remainder, even if they exhaust it; likewise if…
- Article 299If he makes multiple contradictory bequests, the last shall be acted upon and shall revoke the first.
- Article 300If he makes multiple bequests that are not contradictory, all of which are payable from the principal estate, they must be paid from the principal estate even if they…
Articles 301 – 400101
- Article 301If there are multiple bequests, some of which are obligatory but are not payable out of the principal estate and some of which are gratuitous, and the third is…
- Article 302If his multiple bequests have an order and precedence and succession in their mention, such that he mentioned the second after completing the first bequest and the third…
- Article 303If he bequeaths that his third be spent for his benefit on acts of obedience and devotion, the third shall remain his property. If anything from the estate perishes, the…
- Article 304A testamentary disposition conferring ownership upon someone who remains nonexistent until the time of the testator's death is invalid, as where he makes a bequest to a…
- Article 305A bequest transferring ownership to a foetus is valid provided that it exists at the time of the bequest, even if the soul has not entered it. If it is born alive, it…
- Article 306In a testamentary directive, the existence of the beneficiary at the time of the directive or at the testator's death is not required. A directive in favor of a…
- Article 307If he bequeaths that something from his property be given to his child's children who were not born at the time of the will or at the testator's death, then, if they…
- Article 308No distinction shall be made as to whether the legatee is an unrelated person, a relative who is an heir of the executor, or a relative who is not an heir of the…
- Article 309If he bequeaths property to a group, they shall share it equally, unless there is an indication of preference, in which case effect shall be given to that indication.…
- Article 310The executor is the person appointed by the testator to execute his bequests.
- Article 311The testamentary executor must meet the following requirements: First: Attainment of puberty. Second: Sanity. Third: Islam, if the testator is a Muslim. Fourth: That he…
- Article 312If the executor apostatizes, his executorship shall become void and shall not be restored to him if he embraces Islam, unless the testator stipulated its restoration.
- Article 313Testamentary guardianship may be entrusted to a woman, a blind person, or an heir.
- Article 314Testamentary guardianship may be entrusted to two or more persons jointly or independently. If the former is stipulated, neither may act independently, whether in…
- Article 315If he entrusts testamentary guardianship to two or more persons without specifying joint or independent action, the rule of joint action shall apply to them unless there…
- Article 316It is permissible to appoint two or more testamentary executors and to assign to each one the executorship over a particular matter in which the other does not…
- Article 317If the executor is unable to execute the will due to old age or the like. Even by appointing an agent or hiring someone. The judge shall appoint someone to assist him in…
- Article 318If dishonesty appears on the part of the executor, and the testamentary appointment is conditional upon his trustworthiness, he shall cease to hold office and the judge…
- Article 319The testamentary guardian is a trustee and shall not be liable except for transgression or negligence.
- Article 320If the executor dies before completing all that was entrusted to him by the will, the judge shall appoint an executor to carry it out in accordance with the Jaafari…
- Article 321The executor may not appoint anyone by will to execute what has been entrusted to him by will unless he is authorized by the testator to appoint another by will. Law…
- Article 322The testamentary guardian shall not delegate the testamentary guardianship to another, in the sense of removing himself from the guardianship and assigning it to that…
- Article 323The testator may appoint an overseer over the executor and a supervisor of his work. His function is subject to the testator’s designation, and it is of two types:…
- Article 324If the supervisor dies, the executor must refer to the judge to appoint a person in his place in accordance with the Jaafari school. Chapter Eight: Dispositions of a…
- Article 325Where a sick person's illness continues until his death, the validity and effectiveness of his dispositions based on preferential treatment and gratuitousness, or in a…
- Article 326Illness means an illness followed by the patient's death as a result thereof. As for minor illnesses that do not give rise to fear for the patient, the rule concerning…
- Article 327Financial obligations discharged by a sick person during his terminal illness shall be paid out of the principal estate.
- Article 328Illness connected with death is confined to the illness that leads to death. Thus, if the person dies not because of that illness but for another reason, such as killing…
- Article 329In an illness that afflicts a person for a long period, only its final stages close to death shall be taken into account; dispositions taking immediate effect made by…
- Article 330If an owner, during his death illness, gives some of his property as a gift and bequeaths another part, then dies, both shall take effect if the one-third is sufficient…
- Article 331If a sick person acknowledges in his will a specific asset or debt in favour of an heir or an outsider, and he is personally trustworthy and credible, his acknowledgment…
- Article 332If the sick person acknowledges in their will a specific asset or a debt in favour of an heir or an outsider, and is suspect in their acknowledgment and is neither…
- Article 333If he makes an acknowledgment while in good health or during an illness other than the illness in which he dies, his acknowledgment shall be effective against the…
- Article 334The suspicion that prevents the sick testator's acknowledgment from being effective against the principal estate means the existence of signs and circumstantial evidence…
- Article 335Waqf is the immobilization of the corpus and the dedication of its usufruct.
- Article 336The general conditions of a waqf are four: First condition: Possession, which is achieved by the beneficiary, his agent or guardian, or the beneficiary entity receiving…
- Article 337Immediacy is not a requirement for taking possession.
- Article 338For taking possession of immovable property, it is sufficient that the endower relinquish control over it and that the beneficiaries of the endowment take control of it.
- Article 339Taking possession is not a requirement for the validity of an endowment for public purposes.
- Article 340A waqf is not constituted if he endows an asset for another and stipulates that it revert to him upon need.
- Article 341Once the waqf is completed, it shall be binding and the founder may not revoke it. If it occurs during death illness, the heirs may not reject it. Chapter Two: On the…
- Article 342Waqf is of two types: First: That which is constituted by two elements, namely the founder and the endowed property, and is specific to the endowment of mosques. The…
- Article 343A waqf has four essential elements: the waqf formula, the founder, the endowed property, and the beneficiary. Home Page 1224 Law Index Jaafari Personal Status Law Law…
- Article 344Mere intention is not sufficient for the establishment of a waqf; rather, it must be constituted by such expressions as: “I have endowed” and “I have dedicated,” and…
- Article 345A waqf is constituted by any wording indicating it, even in a foreign language, because words—here—are a means of expression, not an end in themselves.
- Article 346Acceptance is not required for an endowment of any type. The second essential element: the endowed property
- Article 346 مكررJudgments of the Court of First Instance in personal status cases shall be issued by a single judge, as an exception to the provision of Article Seven of the…
- Article 347The endowed asset must satisfy the following conditions: 1- The asset must actually be owned by the endower; an endowment of another’s property is therefore invalid. 2-…
- Article 348The waqf beneficiary is the entity entitled to the benefit of the waqf, whether the entity is specified, as in private waqfs, or is unspecified but rather a general…
- Article 349The beneficiary of a waqf must satisfy the following requirements: 1 - Existence—in a private waqf. A waqf in favor of a nonexistent beneficiary at its inception is not…
- Article 350The waqf founder must have attained puberty, be of sound mind, act voluntarily, and not be under interdiction for insolvency or prodigality.
- Article 351The endower’s conditions are like the text of the Lawgiver, and his words are like His words as regards acting upon them and the obligation to follow them.
- Article 352The validity of the endower’s conditions requires certain matters: First: Connection with the contract, meaning that the condition is undertaken in the body of the…
- Article 353If the endowment is completed without the condition, mentioning it after creation shall be of no effect, because, upon completion of the creation of the endowment, the…
- Article 354Waqf status shall be established by any of the following: 1 - Knowledge, even if acquired through common repute. 2 - Sharia evidence, namely two upright witnesses. 3 -…
- Article 355The administrator of the waqf is the person appointed by the waqf founder or by the person entrusted with appointment when the waqf formula was established; otherwise,…
- Article 356The founder of a waqf may reserve for himself its administration for as long as he lives or for a specified period, independently or jointly with another.
- Article 357The endower may designate a person as administrator and entrust that person with appointing the administrator after him, and so on, each administrator appointing an…
- Article 358The endower may appoint an overseer over the administrator, in the sense of a supervisor over him or in the sense of being the reference authority in deliberation and…
- Article 359If the endower appoints an administrator or a supervisor over the administrator, he may not dismiss him. If the endower's condition ceases to be met, as where he assigns…
- Article 360If he stipulates trusteeship for two persons, and his words are understood to mean that each is independent, each shall act independently and shall not be obliged to…
- Article 361The administrator may not delegate the administration to another, even if unable to undertake it, unless the endower granted him that power when appointing him as…
- Article 362If a Muslim establishes an endowment for the poor or the poor of the locality, what is meant is the Muslim poor according to the endower's school of jurisprudence.
- Article 363If he says: This is an endowment for my children or my descendants, its apparent meaning is generality, and all must therefore be included.
- Article 364If he creates a waqf for believers, the waqf shall be restricted to those who are believers according to the founder's belief.
- Article 365If an endowment is made in the cause of Allah Almighty or for charitable purposes, what is intended thereby is that which constitutes an act of devotion and obedience…
- Article 366If he creates an endowment for his sons, daughters shall not be included; and if he creates an endowment for his descendants, males and females, direct offspring and…
- Article 367If an endowment is made for a mosque, its yield shall be spent on its needs, such as maintenance, furnishings, lighting, sweeping and similar needs. Nothing of the yield…
- Article 368A waqf may not be sold except in the following cases: 1 Where it becomes ruined such that it cannot be used while its corpus remains intact. 2 Where the founder…
- Article 369The permissibility of sale mentioned in the preceding Article does not apply to mosques, which shall not be sold under any circumstances.
- Article 370If sale of the endowment is permissible, then, if it is among endowments not requiring an administrator, such as an endowment for specified persons, it does not require…
- Article 371If the endowment falls into ruin and cannot be used, and it is possible to sell part of it and restore the remainder with its price, only part shall be sold and the…
- Article 372Inheritance has three essential elements: 1 The decedent: The deceased, or a person treated as dead by law, namely a missing person whose death the judge has declared…
- Article 373Entitlement to inheritance arises upon the actual or legally presumed death of the person whose estate is inherited.
- Article 374a - Entitlement to inheritance requires that the heir be established to have been actually or legally presumed alive at the time of the death of the person whose estate…
- Article 375Before birth, the share of two males shall be reserved for the unborn child, and the holders of prescribed shares shall be given their shares from the remainder. If born…
- Article 376If a portion is set aside for the unborn child and the remainder of the estate is divided, but more than one child is born and the portion set aside is insufficient for…
- Article 377A foetus, so long as it remains a foetus, shall not inherit, even if it is known to be alive in its mother's womb, but it shall exclude anyone who is subsequent to it in…
- Article 378A fetus inherits and is inherited from if born alive, even if it dies immediately. Thus, if it is known to have been alive after birth and then dies thereafter, it…
- Article 379The life of the fetus after its separation and before its immediate death is known by crying and clear movement that occurs only in a living human, not that which…
- Article 380Among the impediments to inheritance are: 1 Unbelief in its various forms, including apostasy. 2 Intentional, wrongful killing. 3 Birth from adultery. Home Page 1228 Law…
- Article 381a- There is no mutual inheritance between a Muslim and a non-Muslim; however, a Muslim inherits from a non-Muslim. b- Muslims inherit from one another even if they…
- Article 382A non-Muslim means anyone who denies one of the three fundamentals of Islam, which are: 1 The existence of the Creator 2 The prophethood of our master Muhammad, may…
- Article 383The inheritance is the estate left by the deceased, consisting of: a. Everything left by the deceased that he owned before his death, whether tangible property, debts…
- Article 384The following shall be taken out of the estate before its division, in the following order: 1 The obligatory preparation of the deceased, comprising shrouding, washing…
- Article 385The grounds of inheritance are of two types: The first type: kinship by blood, which is connection to the deceased by birth in a lawful manner, or its equivalent, such…
- Article 386Those who deny a necessary tenet of religion while being aware of and accepting its necessary implication are unbelievers or deemed as such; a Muslim therefore inherits…
- Article 387If one of the heirs embraces Islam after only part of the estate has been divided, but not the other part, he shall inherit from the remainder that has not been divided,…
- Article 388An apostate is a person who has departed from Islam and chosen unbelief, and is of two categories: The first category: the innate apostate: a person one or both of whose…
- Article 389The property of a male apostate who was Muslim by birth, which belonged to him at the time of his apostasy, shall be divided among his heirs after payment of his debts,…
- Article 390The property of a male apostate who had embraced Islam after being a non-Muslim shall not be divided until after his death.
- Article 391The property of a female apostate, whether from an adopted faith or from innate faith, shall not pass from her to the heirs except upon death. The second impediment to…
- Article 392a The killing must be intentional; if it is purely accidental, it shall not preclude inheritance. The killing must be wrongful and without right; if he kills him…
- Article 393Accidental killing resembling intentional killing is beating that leads to death, and it is treated as accidental killing in that it does not preclude inheritance.
- Article 394A killer who is barred from inheriting from the person killed shall not exclude anyone below him in degree and subsequent to him in class; his existence is as his…
- Article 395If two or more persons jointly kill the deceased, that shall bar them from inheriting from him. The third impediment to inheritance itself: being born of zina.
- Article 396If the illicit sexual intercourse was on the part of both parents, there shall be no mutual inheritance between the child and them, nor between the child and those…
- Article 397A person born of intercourse under a mistaken belief of lawfulness, like a person born of lawful intercourse, shall have mutual rights of inheritance with his relatives,…
- Article 398Intercourse under a mistaken belief means intercourse to which there is no entitlement under Sharia while being ignorant of that fact, such as mistakenly believing that…
- Article 399Marriage under the other schools, even if it does not satisfy a condition for validity of the contract according to the Twelver Jaafari school, does not prevent mutual…
- Article 400There shall be no mutual inheritance between spouses who have exchanged oaths of imprecation.
Articles 401 – 500100
- Article 401There shall be no mutual inheritance between a father and his son concerning whom he engaged in mutual imprecation after denying his paternity, unless the father…
- Article 402If the father acknowledges his son after mutual imprecation, the son shall not inherit from the relatives of his father who engaged in mutual imprecation, such as his…
- Article 403Mutual imprecation shall not prevent mutual inheritance between the child and his mother, nor between him and his maternal relatives. Chapter Five: Exclusion, Which Is…
- Article 404Exclusion is of two types: First: exclusion by deprivation, which is exclusion from inheritance altogether. Second: exclusion by reduction, which is exclusion from part…
- Article 405The criterion for total exclusion in exclusion based on kinship is proximity: each preceding class of the three classes of inheritance excludes the subsequent class.
- Article 406Every nearer degree, of whichever class, excludes the more remote degree within the same class.
- Article 407A relative related through both parents excludes a relative related through the father only.
- Article 408The son of a full paternal uncle excludes a paternal uncle who is related through the father only.
- Article 409If a maternal uncle, a paternal half-uncle through the father, and a son of a full paternal uncle coexist, the inheritance shall be shared between the maternal uncle and…
- Article 410Exclusion by reduction is of two kinds: the first excludes and inherits, and the second excludes and does not inherit.
- Article 411Section One: Of exclusion by reduction, the one who excludes and inherits is confined to the child, however far descended. This includes children and children's…
- Article 412A child, however remote in descent, excludes the husband from whatever exceeds one quarter of his prescribed share, and excludes the wife from whatever exceeds one…
- Article 413If, together with the parents or either of them, there is one daughter or more, she excludes the parents or either of them only from whatever exceeds one-sixth of their…
- Article 414The second category: of exclusion by reduction, those who exclude but do not inherit are the siblings, for they exclude the mother from anything exceeding one sixth, and…
- Article 415Siblings exclude the mother from anything exceeding one sixth, subject to the following conditions: 1 That the father be alive and an heir, without any impediment to his…
- Article 416Siblings exclude the mother from any prescribed share exceeding one-sixth and exclude her from the return to her of any excess over her prescribed share. Chapter Six:…
- Article 417Every holder of a specified fixed share shall receive the surplus over it by return in proportion to his share. Thus, a sole daughter shall receive half the estate as a…
- Article 418To the sole paternal sister, or to two or more sisters, half the estate devolves by prescribed share and the other half by return, and the sister takes the whole estate…
- Article 419Heirs, in terms of inheritance by prescribed share only, by kinship only, or by both together, fall into four categories: The first category: those who inherit by…
- Article 420A prescribed share under Sharia is the determined share stipulated in the Glorious Quran and the noble, purified Sunnah. It is of 6 types: The first type: One-half,…
- Article 421a The classes of heirs by lineage are three: 1 Parents and children, however far down the line of descent. 2 Siblings, however far down the line of descent, and…
- Article 422The father alone shall receive the deceased's entire estate by kinship, and the mother alone shall likewise receive the entire estate, one-third as a prescribed share…
- Article 423If either parent inherits together with the husband, he shall have one-half; if either parent inherits together with the wife, she shall have one-quarter. The remainder…
- Article 424If both parents survive and the deceased has no child and no husband or wife, the mother shall receive one-third of the estate as a prescribed share and the remainder…
- Article 425If a husband survives together with the parents, he shall receive one-half; if a wife survives together with them, she shall receive one-quarter. The mother shall…
- Article 426A sole son is entitled to the deceased's entire estate by kinship, and a sole daughter is entitled to his entire estate, one-half as a prescribed share and the remainder…
- Article 427If a son and a daughter are present together alone, or sons and daughters are present together alone, the estate shall belong to them, with the male receiving the share…
- Article 428a. If both parents inherit together with one daughter, and the deceased has no siblings meeting the aforementioned conditions for exclusion, the property shall be…
- Article 429If both parents survive together with one son, each parent shall receive one-sixth and the remainder shall go to the son.
- Article 430If both parents inherit together with sons or daughters only, each parent shall receive one-sixth, and the remainder shall be divided equally among the sons or daughters.
- Article 431If both parents inherit together with children, male and female, each parent shall have one-sixth, and the remainder shall be divided among all the children, with the…
- Article 432If one parent survives together with one daughter and no one else, that parent shall receive one-quarter by prescribed share and return, and the remainder shall go to…
- Article 433If either parent survives together with two or more daughters and no others, that parent shall receive one-fifth by prescribed share and return, and the remainder shall…
- Article 434If either parent is together with one son, that parent shall have one-sixth as a prescribed share and the remainder shall be for the son.
- Article 435If either parent inherits together with male children, that parent shall receive one-sixth as a prescribed share, and the remainder shall be divided equally among the…
- Article 436If either parent inherits together with one or more sons, and there is also one or more daughters, that parent shall receive one-sixth as a prescribed share, and the…
- Article 437If either parent inherits together with either spouse and a single daughter, the husband shall receive one-quarter and the wife one-eighth. The remainder shall be…
- Article 438If either parent is present together with the wife, and with them are two or more daughters, the wife shall receive one-eighth, and the remainder shall be divided into…
- Article 439If either parent survives together with the husband and there are two or more daughters with them, the husband shall receive one quarter, either parent shall receive one…
- Article 440If either parent is present together with the wife, and with them there is one son or more than one son, or sons and daughters, the wife shall receive one-eighth, the…
- Article 441If either parent concurs with the husband, and with them there is one son, several sons, or sons and daughters, the husband shall receive one quarter, either parent one…
- Article 442If both parents and a single daughter coexist with the husband, he shall have one quarter, the parents shall have the two sixths, and the remainder shall be for the…
- Article 443If both parents and a single daughter are present together with the wife, she shall receive one-eighth and the parents two-sixths, and the remainder shall be divided…
- Article 444If both parents and one daughter inherit together with the wife, she shall have one eighth, and if the deceased had siblings meeting the conditions for exclusion, the…
- Article 445If both parents and two or more daughters inherit together with the wife, she shall receive one-eighth, and the parents shall receive the two sixths. The remainder shall…
- Article 446If both parents and two or more daughters are present together with the husband, he shall receive one-quarter, the parents shall receive the two sixths, and the…
- Article 447If both parents survive together with one or more sons, or sons and daughters, and the wife, she shall receive one eighth, the parents shall receive two sixths, and the…
- Article 448If both parents coexist with 1 son or several sons, or sons and daughters, together with the husband, he shall receive one-quarter, the parents shall receive the two…
- Article 449If the wife concurs with one child or several children, she shall receive one eighth and the remainder shall go to the child or children. Where their sexes differ, the…
- Article 450If the husband coexists with one child or multiple children, he shall have one quarter and the remainder shall be for the child or children; where they differ in sex,…
- Article 451Children's children, however far down the line, take the place of children in sharing with the parents and reducing them from the higher of their two shares to the…
- Article 452Children's children shall not inherit if the deceased has a child, even if female. Thus, if he leaves a daughter and a son's son, the Law Index 1235 Home Page Jaafari…
- Article 453The descendants of children are ranked in inheritance, with the nearer excluding the more remote. Thus, if the deceased has a child's child and a child's child's child,…
- Article 454Children's children shall inherit the share of the person through whom they are related.
- Article 455If the deceased has children of a daughter and children of a son, the daughter's children shall receive one-third, their mother's share, divided among them with the male…
- Article 456The children of children, in the absence of children, share in the inheritance with the deceased's parents, because the parents and the children of children constitute…
- Article 457The second class of the deceased’s heirs consists of siblings and their children, called kalalah, and grandparents without qualification. None of them shall inherit in…
- Article 458If the deceased has no relative of the second class other than his full brother, that brother shall inherit the entire estate by kinship. If there are several, it shall…
- Article 459If the deceased has no relative of the second class other than two or more full sisters, they shall have the entire estate, inheriting two thirds of it as a prescribed…
- Article 460If the deceased has no relative of the second class and leaves one or more full brothers together with one or more sisters, there shall be no prescribed share; rather,…
- Article 461A paternal half-brother or half-sister shall not inherit in the presence of a full brother and full sister. In their absence, the paternal half-brother, whether one or…
- Article 462If brothers and sisters, all related through the father, inherit together, they shall receive the entire estate, dividing it among themselves with the male receiving the…
- Article 463A sole maternal brother and a sole maternal sister shall receive the entire estate, inheriting one-sixth as a prescribed share and the remainder by return on account of…
- Article 464If siblings are present together, some being full siblings and some maternal half-siblings, and there is one maternal half-sibling, that sibling shall receive one sixth,…
- Article 465If siblings include some related through both parents and some through the mother, and those related through the mother are more than one, they shall have one third,…
- Article 466If siblings concur, some being full siblings and some maternal siblings, and those related through both parents are females and there is one maternal brother, the full…
- Article 467If the deceased has no full siblings and has siblings some of whom are paternal only and some maternal only, then, if there is one maternal sibling, that sibling shall…
- Article 468If the deceased has no full siblings and has siblings some of whom are related through the father only and some through the mother only, and the relative through the…
- Article 469In all cases where the close heirs are confined to siblings, whether full siblings, paternal half-siblings, maternal half-siblings, or some full siblings, some paternal…
- Article 470In all cases where the inheriting relatives are confined to siblings, whether they are full siblings, paternal half-siblings or maternal half-siblings, or some are full…
- Article 471If the heir leaves a husband and one full or paternal sister together with two maternal sisters or two maternal brothers, then: a One half shall be the husband's…
- Article 472If the heir leaves a wife, a full sister, and a maternal half-brother or half-sister, the estate exceeds the prescribed shares by half of one-sixth, which shall be…
- Article 473If the deceased has no relative of the second class other than a paternal or maternal grandfather or grandmother, that person shall receive the entire estate. If a…
- Article 474If the deceased has no relative of the second class other than a grandfather or grandmother, and grandparents concur, some maternal and some paternal, the maternal…
- Article 475If the husband or wife inherits together with the grandparents, the husband shall receive one-half and the wife one-quarter, and the grandparent related through the…
- Article 476If siblings are present together with grandparents, the grandfather, however far ascending, shall share with the siblings, and the grandmother, however far ascending,…
- Article 477The children of siblings shall inherit nothing in the presence of siblings.
- Article 478If the deceased has no siblings, their children shall take their place in inheritance and in sharing with the grandparents, and each of the children shall inherit the…
- Article 479If the deceased leaves children of a maternal half-brother and children of a full brother or paternal half-brother, the children of the maternal half-brother shall…
- Article 480If the deceased has no siblings or children of siblings, the inheritance shall devolve upon the children of the children of siblings. Those of the higher degree among…
- Article 481The third rank of the deceased’s heirs consists of paternal uncles and maternal uncles, who constitute a single class, the nearer among them excluding the more remote.
- Article 482Paternal uncles and maternal uncles shall not inherit where an heir of the first class or the second class exists.
- Article 483A sole paternal uncle receives the entire property; likewise, two or more paternal uncles receive it, divided equally among them. The same applies to a paternal aunt,…
- Article 484If males and females inherit together, such as a paternal uncle and paternal aunt, or paternal uncles and paternal aunts, the property shall be divided unequally among…
- Article 485If paternal uncles and paternal aunts coexist and differ in their line of kinship, some being related through both parents, some through the father, and some through the…
- Article 486A sole maternal uncle shall receive the entire estate, and likewise two or more maternal uncles, divided equally among them; a sole maternal aunt shall receive the…
- Article 487If maternal uncles and aunts coexist, in that the deceased has one or more maternal uncles and one or more maternal aunts—whether full siblings of the mother, her…
- Article 488If maternal uncles and maternal aunts coexist and differ in the line of kinship, some being related through both parents, some through the father, and some through the…
- Article 489If paternal uncles and aunts and maternal uncles and aunts coexist, the maternal uncles and aunts shall receive one-third, even if there is only one, male or female, and…
- Article 490The children of paternal uncles, paternal aunts, maternal uncles, and maternal aunts take the place of their parents in their absence. Thus no t and inherits a child of…
- Article 491An exception to the preceding article applies if the deceased leaves a son of a full paternal uncle together with a paternal uncle related through the father only: the…
- Article 492Each of the children of paternal uncles and aunts and maternal uncles and aunts shall inherit the share of the person through whom they are related.
- Article 493The nearer among paternal and maternal uncles excludes the more remote among them. Thus, if the deceased has a paternal uncle and a father's paternal uncle, a mother's…
- Article 494The children of the deceased's paternal uncle, paternal aunt, maternal uncle, and maternal aunt take precedence over the paternal uncles of his father and mother, their…
- Article 495If a husband or wife inherits alongside paternal and maternal uncles, the husband or wife shall have the higher share of one-half or one-quarter, the maternal uncles…
- Article 496If the husband or wife inherits together with maternal uncles only, and they are several, he or she shall take his or her higher share of one-half or one-quarter, and…
- Article 497The husband inherits half of his wife's estate if she has no heir, and the other half devolves upon him by return of the residue; he inherits one-quarter where there is…
- Article 498The wife shall inherit from her husband one-quarter of his estate if he has no child, and the remainder shall not revert to her; she shall inherit one-eighth if he has a…
- Article 499For mutual inheritance between spouses, it is a condition that the wife remain in the husband's wedlock; they shall inherit from each other even without consummation. A…
- Article 500If a sick man marries during his terminal illness, does not consummate the marriage with his wife, and does not recover from his illness before he dies, the wife shall…
Articles 501 – 6009
- Article 501If a man divorces his wife by a revocable or irrevocable divorce while ill and dies before the expiry of twelve lunar months from the time of divorce, the wife shall…
- Article 502If the husband recovers from his death illness and dies from another cause, his divorced wife whom he divorced during the death illness, whether revocably or…
- Article 503If there are several wives, they shall have one-eighth, divided equally among them, with exis— the existence of a child, and one-quarter in the absence thereof. In the…
- Article 504The husband inherits from everything left by the wife, movable and otherwise, land and otherwise. The wife inherits from the movables left by the husband and from what…
- Article 505Intervention by the Public Prosecution in certain personal status cases.
- Article 506The Public Prosecution must institute proceedings, or intervene therein if none of the interested parties comes forward, in every matter affecting public order.
- Article 507Public order in the preceding article means the provisions of Islamic Sharia in the following matters: Marriage to persons permanently or temporarily prohibited in…
- Article 508A - The Public Prosecution shall be deemed represented in the action once it submits a memorandum stating its opinion therein, and its attendance shall not be required…
- Article 509In all cases in which the law provides for the intervention of the Public Prosecution, the court registry must notify the Public Prosecution in writing immediately upon…