International Inheritance Laws

You are currently viewing a revision titled "Saudi Arabia Inheritance Law", saved on April 17, 2013 at 7:54 am by Mary Sue Donsky
Saudi Arabia Inheritance Law
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There are two governing systems in Saudi Arabia. Quran Law governs Muslims. Non-Muslims are not governed by Quran Law, and may pass their inheritance in the will. This is rare in Saudi Arabia, and is not majorly practiced. Because it is a Quran Law, there is no testamentary capacity or any age specific distinction. The inheritance first passes through the gender hierarchy. If a testator is a male, then all decedents receive the entire estate. So for example, if a testator is a father to one male child, the child receives the entire estate. There is no need to comfort the wife and female children. If there are no children, then it brother, cousin, and so forth and so on. “To understand the basis or Islamic inheritance law, you will need to be familiar with inheritance laws in Arabia pre-Islam. The sole inheritance was given to the asaba (male relatives) of the deceased. The surviving male relatives inherited in order of family position; the son superseded the father, the father superseded the uncles and so on. Islam has kept the position of the male inheritance principals, but with slight modifications to give women more security. Pre-Islam men inherited, but were not required to care for the females in their families with the inheritance; Islam encourages the opposite. In Islamic Inheritance, the male inherits twice that of the female, but is beckoned to care for the single women in his family from it. In Qur’an 4:11 it states: “Allah commands you regarding your children. For the male a share equivalent to that of two females.” – Directly taken out of article, “Islamic Inheritance Law”(Khan) Quran Chapter 4 specifically states the inheritance law and dominance of males over females. It also does not state any age. It gives restrictions to who can inherit and how much. Please check link: The government system is monarchy so there is no democracy. There are no attorneys that will defend you and help you in probating a will. Similar to NYS Intestacy Laws, burial expenses must be paid first, debts, and distribution to the beneficiaries in Saudi Arabia. When a Muslim dies there are four duties that need to be performed. These are: 1. payment of funeral expenses 2. payment of his/ her debts 3. execution his/ her will 4. distribution of remaining estate amongst the heirs according to Sharia (Hussein) Inheritance rights in Sharia law tend to favor men. Typically a woman will receive one half the amount of inheritance her male counterpart would have received. The property distribution allowed by Shariah law prescribes that 1/3 of the property may go to bequests and the rest, after debts, is distributed to family members under the intestacy rules of Sharia law. ( Reference: Khan, April, Islamic Inheritance Law | eHow.com Abid, Hussain Islamic Laws of Inheritance