Many Muslims living in the Kingdom, whether citizens or residents, wonder how inheritance is distributed in Saudi Arabia. It’s a field of knowledge that isn’t widely understood and is difficult for many people to analyze accurately, which is exactly why you need to consult an inheritance cases lawyer who’s experienced in estate division procedures, to resolve the disputes that can arise when dividing estates among families.
Inheritance cases matter to every part of society in Saudi Arabia. So if you’re facing a problem related to dividing an estate, you can reach out to the inheritance cases lawyers at Al Safwa Law Firm for Advocacy and Legal Services. They have extensive knowledge of estate matters and how they’re divided under Islamic Sharia and Saudi law. So don’t hesitate to request a legal consultation in Saudi Arabia — book yours now by clicking here.
Why People Searching for the Best Inheritance Lawyer Turn to Al Safwa
The science of inheritance (ilm al-mawarith) is a strict religious system that leaves no room for dispute or debate. It’s a fair division free of ambiguity or doubt — its rules have no substitute and its rulings can’t be avoided — yet most people are unfamiliar with these rules and disagree over them, even though they’re Islamic rulings whose application is both a religious and legal obligation in Saudi Arabia.
It’s worth noting that learning these rules is a communal religious obligation (fard kifayah) — once enough people in the community have mastered it, the obligation is lifted from everyone else. That’s why people turn to experts when they need to divide an inheritance. An inheritance cases lawyer is one of the most prominent experts qualified to handle this, and one of the professionals most citizens in the Kingdom turn to. Their consultation is typically sought in the following situations:
- Cases where a dispute arises from a lack of knowledge or awareness of inheritance distribution laws, and the estate needs to be divided fairly according to Sharia and legal rules.
- Disputes where some heirs need to go to court to obtain their rights.
Before an inheritance can be divided, though, there are a number of procedures that need to be carried out, and an inheritance cases lawyer handles them. Their work begins the moment you approach them, even before any court hearings, and includes the following:
- Settling the dues attached to the estate, such as zakat, debts, and mortgages.
- Handling the heir-enumeration procedures and other steps involved in dividing the estate.
- Representing clients in cases involving delays or refusal to divide the estate, cases where women are denied their share of the inheritance, and other similar matters.
A skilled law and legal services office in Saudi Arabia works to build your legal understanding of inheritance distribution matters, safeguarding everyone’s rights by closing the gap in legal awareness — and this is exactly the role an inheritance cases lawyer plays, bringing full experience and command of every Sharia-based rule involved. So don’t hesitate to reach out to the inheritance lawyers at Al Safwa Law Firm for Advocacy and Legal Services if you find yourself in a similar situation or want more information about inheritance cases.
Inheritance Cases Lawyer Services
A lawyer specialized in inheritance cases handles every service related to these procedures before the various authorities and the court, in addition to consultations and simple administrative tasks. Here’s a summary of the services they provide:
- Representing their client — whether a man, a woman, or a minor — in defending their inheritance rights before the competent court, the Personal Status Court.
- Offering legal consultations backed by extensive experience in the details and circumstances of estate division, from both the Sharia and legal sides, in the Kingdom.
- Attempting to divide the estate amicably among the heirs so the matter doesn’t escalate into an estate division lawsuit before the competent court.
- Handling the settlement of the deceased’s outstanding obligations, which must be paid on their behalf since they fall on their estate — such as settling debts — before the estate is divided.
- Handling the procedures for obtaining the deceased’s death certificate and the heir-enumeration document by filing a request with the General Court.
- Handling both amicable division procedures and compulsory division procedures.
How Is Inheritance Divided in Saudi Arabia?
An estate is divided fairly among the heirs according to their order of priority and the fixed shares set out for estate division in the Quran. This is how the rules of inheritance distribution are determined — identifying who in the family has a right to inherit and the size of their share — since the estate is limited to the deceased’s family and to specific categories once certain conditions are met. Inheritance is divided according to the following types:
- Division by fixed shares (al-furud): dividing the inheritance into specific shares set out in Sharia texts. There are six fixed shares (one-half, one-quarter, one-eighth, two-thirds, one-third, and one-sixth).
- Division by agnatic succession (al-ta’sib): heirs who don’t have a fixed, pre-determined share of the inheritance, but instead inherit what remains after the fixed-share heirs. There are three types (agnatic with others, agnatic through others, and agnatic in their own right).
- Inheritance by the extended relatives (dhawu al-arham).
Based on clear Quranic text, there are ten male heirs: (the son, the father, the brother, the son’s son no matter how far down, the grandfather no matter how far up, and the brother’s son). Excluded from them are: (the maternal brother’s son, the husband, the paternal uncle, the paternal uncle who is not a full brother of the father, and the paternal uncle’s son).
Based on clear Quranic text, there are seven female heirs: (the daughter, the mother, the son’s daughter no matter how far down, the grandmother, the wife, and the sister).
The estate — real estate, movable property, funds, and shares — is enumerated after excluding debts, funds that can’t be recovered, and any disputed property until the dispute is resolved. Its value is then assessed and it’s divided fairly, taking into account the will, if one exists.
If one of the heirs is a minor, a guardian is appointed over their share of the funds until they come of age. Guardianship goes to the father, then the grandfather, then the mother, then the paternal uncle, in that order. After that, if the heirs don’t agree on the division, the judge gives them a chance to reach an agreement among themselves. If they still can’t agree, the judge orders the entire estate to be sold and converted into cash, which is then divided according to Sharia.
Methods of Dividing an Inheritance in Saudi Arabia
An inheritance is divided using one of two methods, explained below:
Compulsory Estate Division
This applies in cases where the heirs disagree on how to divide the estate and can’t reach a mutually satisfactory agreement, where some heirs — such as women or children — are denied their inheritance rights, where one or more heirs try to stall the division, where an heir refuses to go along with the distribution, or where the division is undermined for various reasons, such as excuses rooted in customs and traditions or damaging someone’s reputation among people, among other reasons.
Compulsory division takes place when one of the heirs harmed by the current division retains an inheritance cases lawyer to file an estate division lawsuit, entrusting the judiciary and the competent authorities to rule on the case in accordance with Islamic Sharia and Saudi law.
Compulsory division therefore happens by filing a lawsuit before the Personal Status Court. The estate is enumerated and the heirs identified, after which experts assess and value the estate before it’s divided.
Amicable Estate Division
This applies in cases where the heirs agree among themselves on how to divide the estate without disputes and without denying anyone their rights. An inheritance cases lawyer is often consulted to avoid the mistake of denying someone part of their rights, or granting someone more than their rightful share of the estate — mistakes that are avoided by relying on an inheritance cases lawyer’s expertise.
But for an amicable division to take place, a number of conditions need to be met, namely:
- All the heirs must be of sound mind, of legal age, and capable of managing financial matters.
- The agreement must be genuine and sound, free of any form of coercion or compulsion.
- No pressure, threats, linking to unrelated interests, or exploitation of certain heirs due to their lack of knowledge or understanding of the details.
Frequently Asked Questions About an Inheritance Cases Lawyer’s Work
Inheritance cases matter to every part of society in Saudi Arabia, since they come up in every family. That raises a lot of questions about this type of case, which we’ll answer below:
In closing, we’ve covered the most important services an inheritance cases lawyer provides in Saudi Arabia, how inheritance is divided, along with a set of frequently asked questions about inheritance and its distribution with complete answers. We’ve also pointed you toward a well-established law firm in Saudi Arabia that specializes in these cases. For more details, we recommend reaching out to that firm — Al Safwa Law Firm for Advocacy and Legal Consultations — where you’ll find answers to all your questions from a select team of skilled lawyers.
Read more about revoking a gift under Saudi law, and about personal status lawyer services in the Kingdom.
Sources and References:
Bureau of Experts at the Council of Ministers – Personal Status Law.