Inheritance in national laws

Morocco المغرب

Applicable law: Family Code, or Moudawana (Law No. 70-03 promulgated by Dahir No. 1-04-22 of 3 February 2004): inheritance, Book VI, arts. 321 to 395; obligatory bequest, arts. 369 to 372

A Maliki-inspired code that returns the remainder to the spouse, does not let relatives through women inherit, and grants grandchildren an obligatory bequest.

The Family Code applies to all Moroccans, even those who also hold another nationality; Moroccans of the Jewish faith are governed by Moroccan Hebraic personal status law (art. 2). There is no inheritance between a Muslim and a non-Muslim (art. 332). For matters the code does not cover, the judge refers to the Maliki school (art. 400).

The grandfather follows Zayd’s method: with brothers and sisters only, he takes the better of one third of the estate and sharing with them; if there are also fixed-share heirs, the best of one sixth, one third of the remainder and sharing as a brother, with the full siblings counting the paternal half-siblings against him (art. 354). The code also spells out the classic cases, including the Mushtaraka, the Akdariyya and the Malikiyya (arts. 360 to 368).

When the fixed shares do not exhaust the estate and there is no heir to the remainder, what is left goes to the fixed-share heirs in proportion to their shares; the text does not exclude the spouse, who receives everything as sole heir. With no heir at all, the estate goes to the public treasury and is taken over by the state property administration (art. 349). Relatives through women (dhawu al-arham) are not among the heirs.

The obligatory bequest benefits the children of a son or daughter who died before the deceased or at the same time, and the descendants of a son’s son, however low. One calculates what the predeceased parent would have received, then what his or her children would have inherited from it had the parent died just after the deceased; the amount is capped at one third and divided with a boy receiving twice a girl’s share (arts. 369 to 372). The guidelines for revising the code made public in December 2024 (keeping ta‘sib, lifetime gifts to female heirs, bequests and gifts between spouses of different religions, the family home for the surviving spouse) have not yet resulted in an adopted law: as of 12 October 2026, the 2004 text remains in force.

Algeria الجزائر

Applicable law: Family Code (Law No. 84-11 of 9 June 1984, amended by Ordinance No. 05-02 of 27 February 2005): inheritance, Book III, arts. 126 to 183; tanzîl, arts. 169 to 172

A code based on Maliki law that returns the remainder to the spouse only as a last resort, lets relatives through women inherit, and puts grandchildren in the place of their predeceased parent.

The book on inheritance was not amended by the 2005 reform, which dealt with marriage and its dissolution. For matters the code does not provide for, the judge applies the Sharia (art. 222). The rules follow Maliki law, with mechanisms borrowed from other schools, such as the return of the remainder and inheritance by relatives through women.

What is left after the fixed shares goes to the fixed-share heirs, excluding the spouses; the spouse receives it only when there is no heir to the remainder, no fixed-share heir related by blood and no relative through women (art. 167). The children of daughters and of son’s daughters inherit when there are no fixed-share heirs and no heirs to the remainder; when there are no relatives through women either, the estate goes to the public treasury (arts. 168 and 180).

The grandfather follows Zayd’s method (art. 158) and, in the Mushtaraka, full and maternal half-siblings share the third per head (art. 176). The tanzîl gives grandchildren the share their predeceased parent would have received, up to one third, divided with a boy receiving twice a girl’s share; it does not apply if they already inherit, if they have received the equivalent through a bequest or gift, or if they have already inherited at least as much from their parent (arts. 169 to 172).

The Arabic text of article 169 covers grandchildren without distinction, whereas the French text speaks only of a son’s descendants; the Supreme Court also applies the tanzîl to the children of a predeceased daughter.

Tunisia تونس

Applicable law: Code of Personal Status, or Majalla (decree of 13 August 1956, in force from 1 January 1957): inheritance, Book IX, including art. 143 bis added by Law No. 59-77 of 19 June 1959; obligatory bequest, arts. 191 and 192

A Maliki-inspired code in which the return of the remainder also benefits the spouse and allows a daughter to exclude the deceased’s brothers and uncles.

The inheritance rules of the Code of Personal Status essentially follow classical Islamic law in its Maliki form. Two mechanisms borrowed from other schools were added in 1959: the return of the remainder (radd) and the obligatory bequest.

Under article 143 bis, when there is no heir to the remainder, what is left after the fixed shares goes to the fixed-share heirs in proportion to their shares, and the surviving spouse shares in it. Above all, the daughter or daughters, and the son’s daughter, take this remainder even when there are brothers, paternal uncles and their descendants, and even ahead of the public treasury: an only daughter with no other heir thus receives the whole estate.

The grandfather follows Zayd’s method: with brothers only, he chooses between one third and sharing; with fixed-share heirs, he takes the best of one sixth, one third of the remainder and sharing (art. 108), with the full siblings counting the paternal half-siblings against him (art. 109). In the Mushtaraka, full and maternal half-siblings share equally (art. 144); the Akdariyya is covered by article 146. The public treasury ranks last among the heirs to the remainder (art. 114).

The obligatory bequest benefits the children, boys or girls, of a son or daughter who died before the deceased or at the same time: it equals the share their parent would have received, without exceeding one third, applies to the first generation only, is divided with a boy receiving twice a girl’s share, and takes precedence over voluntary bequests (arts. 191 and 192). A bill on equal inheritance submitted to Parliament in November 2018 was not adopted: the classical shares remain in force.

Egypt مصر

Applicable law: Law No. 77 of 1943 on Inheritance (art. 49 added by Law No. 219 of 2017); Law No. 71 of 1946 on Wills (obligatory bequest, arts. 76 to 78)

The grandfather shares with the brothers, relatives through women come before the spouse for the remainder, and grandchildren receive an obligatory bequest.

The 1943 law does not follow a single school: for the grandfather with brothers and for the Mushtaraka, it opts for sharing, unlike the Hanafi view. There is no inheritance between a Muslim and a non-Muslim (art. 6). When there is no heir, and after the person the deceased acknowledged as a relative and the legatee of more than one third, the estate goes to the public treasury (art. 4).

A grandfather who inherits with full or paternal half-brothers and sisters shares with them as a brother, without receiving less than one sixth; paternal half-siblings excluded by a full sibling do not count in this sharing (art. 22). In the Mushtaraka, the full siblings share the third with the maternal half-siblings, men and women equally (art. 10).

What is left after the fixed shares goes to the fixed-share heirs other than the spouses; the spouse receives it only when there is no heir to the remainder, no fixed-share heir related by blood and no relative through women (art. 30). Relatives through women (dhawu al-arham) inherit, in four classes, when there are no heirs to the remainder and no fixed-share heirs related by blood (arts. 31 to 38).

The obligatory bequest benefits the descendants of a predeceased son, however low through males, and the first generation of a predeceased daughter’s children: they receive the share their parent would have had, up to one third, taken before the estate is divided among the heirs (1946 law, art. 76). The same law allows a bequest of up to one third to an heir without the other heirs’ consent (art. 37). Since 2017, deliberately depriving an heir of his or her share has been punishable by imprisonment and a fine (art. 49).

Saudi Arabia المملكة العربية السعودية

Applicable law: Personal Status Law (Nizam al-ahwal al-shakhsiyya), Royal Decree No. M/73 of 6/8/1443 AH (9 March 2022), in force since June 2022: wills, arts. 169 to 196; inheritance, arts. 197 to 245

Saudi Arabia’s first family code: the grandfather excludes the brothers, the Mushtaraka is not shared, and no obligatory bequest is provided for.

Before this law, Saudi family law was not codified. The text does not refer to any particular school: for matters it does not provide for, the judge applies the rules of the Sharia most consistent with its objectives (art. 251). There is no inheritance between people of different religions, but a bequest to a non-Muslim remains possible (arts. 178 and 202).

The grandfather inherits like the father and excludes brothers and sisters (arts. 212 and 217), as in the view attributed to Abu Bakr. In the Mushtaraka, the heir to the remainder is excluded when the fixed shares exhaust the estate, even if he is the full brother inheriting alongside the spouse, the maternal half-siblings and the mother or grandmother (art. 227).

What is left after the fixed shares goes to the fixed-share heirs other than the spouses; the spouse receives it only when there is no fixed-share heir, heir to the remainder or relative through women at all (art. 231). Relatives through women inherit by taking the place of the person through whom they are related to the deceased, with no distinction between men and women (arts. 232 to 236). With no heir at all, the estate is treated like property whose owner is unknown (art. 237).

A will is carried out up to one third; beyond that, as with any bequest to an heir, the other heirs must consent after the death (arts. 179 and 190). The law makes no provision for an obligatory bequest to grandchildren whose parent died before the deceased.

Jordan الأردن

Applicable law: Personal Status Law No. 15 of 2019 (obligatory bequest: art. 279)

A law that limits the obligatory bequest to the children of a predeceased son and puts the spouse before relatives through women for the return of the remainder.

Law No. 15 of 2019 governs personal status in Jordan, including inheritance; in the West Bank, Jordanian Law No. 61 of 1976 still applies.

The obligatory bequest is reserved for the children of a son who died before the deceased or at the same time: the children of a predeceased daughter are not entitled to it, and some organisations are calling for the law to be amended on this point. It is calculated from the share the father would have received, capped at one third, divided with a boy receiving twice a girl’s share, and takes precedence over voluntary bequests.

For the return of the remainder (radd), the 2019 law puts the surviving spouse before relatives through women, whereas the 1976 law returned the remainder to the spouse only after them.

United Arab Emirates الإمارات العربية المتحدة

Applicable law: Federal Decree-Law No. 41 of 2024 on Personal Status, in force since 15 April 2025: inheritance, arts. 200 to 250; obligatory bequest, art. 179

A new code that excludes the spouse from the return of the remainder, lets relatives through women inherit with no distinction of sex, and grants the obligatory bequest to the descendants of both son and daughter.

The 2024 decree-law replaced Federal Law No. 28 of 2005. It applies to Emirati citizens when one of the parties is Muslim; foreigners may ask for their own law to be applied (art. 1). For non-Muslims, Federal Decree-Law No. 41 of 2022 on Civil Personal Status allows a person to bequeath all of their property located in the Emirates and, in the absence of a will, gives half to the spouse and the other half to the children in equal shares, with no distinction of sex (art. 11).

What is left after the fixed shares goes to the fixed-share heirs other than the spouses (art. 233). Relatives through women inherit when there is no fixed-share heir or heir to the remainder, even when only a spouse survives; they take the place of the person through whom they are related to the deceased, with no distinction between men and women (arts. 236 and 237). With no heir at all, the estate is allocated as a charitable waqf, under the supervision of the competent authorities and with the court’s approval (art. 241).

The Akdariyya (art. 239) and the Mushtaraka (art. 240) are settled by the text, the latter by dividing the third equally between full and maternal half-siblings. The obligatory bequest benefits the descendants, at any degree, of a predeceased son or daughter: it is calculated as if the parent had died just after the deceased, is limited to one third, is divided with a boy receiving twice a girl’s share, and takes precedence over voluntary bequests (art. 179). Any arrangement designed to get round the inheritance rules, whether by sale, gift or will, is void (art. 250).

Kuwait الكويت

Applicable law: Personal Status Law No. 51 of 1984: wills, arts. 213 to 287; obligatory bequest, art. 287 bis (Law No. 66 of 2007); inheritance, arts. 288 to 336

A law that refers to the Maliki school for cases it does not cover, but several of whose inheritance rules follow Egyptian law.

The law applies to those who were previously governed by the Maliki school, while others follow their own rules; it also governs disputes between non-Muslims of different religions or denominations (art. 346). For cases not provided for, the judge refers to the prevailing opinion of the Maliki school (art. 343).

Several of its inheritance rules reproduce the Egyptian law almost word for word: the grandfather shares with the brothers as a brother, without falling below one sixth (art. 310); in the Mushtaraka, full and maternal half-siblings share the third equally (art. 298); the remainder goes to the fixed-share heirs other than the spouses, and the spouse receives it only when there is no heir to the remainder, no fixed-share heir related by blood and no relative through women (art. 318); relatives through women inherit (arts. 319 to 327).

Since 6 January 2008, an obligatory bequest has benefited the descendants of a predeceased son, however low through males, and the first generation of a predeceased daughter’s children, up to one third; it takes precedence over other bequests (art. 287 bis). When there is no heir, the estate goes to the public treasury (art. 291).

Senegal السنغال

Applicable law: Family Code (Law No. 72-61 of 12 June 1972, in force from 1 January 1973): Book VII, Title III “Inheritance under Islamic law”, arts. 571 et seq.

Islamic law, codified with Maliki solutions, applies there only to people who have shown their wish for their estate to be settled according to its rules.

The Family Code sets up two regimes: inheritance under the general law and inheritance under Islamic law. The latter concerns people who, during their lifetime, expressly or through their conduct indisputably showed their wish for their estate to pass according to Islamic law (art. 571). As evidence of this wish, judges often rely on the deceased’s religious practice (prayer, fasting, burial according to Muslim rites).

The title devoted to Islamic inheritance codifies the classical rules with Maliki solutions. The grandfather takes the better of one third and sharing with the brothers or, if there are other fixed-share heirs, the best of one sixth, one third of the remainder and sharing (arts. 616 and 622), with the full siblings counting the paternal half-siblings against him (art. 636). The Mushtaraka (art. 638), the Malikiyya (art. 639) and the Akdariyya (art. 640) are settled by the text.

When there is no heir to the remainder, what is left after the fixed shares goes to the fixed-share heirs in proportion to their shares (art. 596); the text does not exclude the spouse. When there are no fixed-share heirs and no heirs to the remainder, relatives through women inherit (art. 643); with no relative up to the twelfth degree, the estate goes to the State (art. 644). One may not bequeath more than one third if one has heirs (art. 649), and this regime provides no obligatory bequest: the son excludes the grandson born of a predeceased son (art. 634).

Turkey تركيا

Applicable law: Turkish Civil Code (Law No. 4721 of 22 November 2001, in force from 1 January 2002), Book III “Law of Succession”: statutory heirs, arts. 495 to 501; reserved portion, art. 506; partition agreement, art. 676

Turkey does not apply the fara’id: its civil law, inspired by Swiss law, gives sons and daughters equal shares.

Since the Civil Code of 1926, largely translated from the Swiss Civil Code, Turkey no longer applies the Islamic inheritance rules; the 2001 code replaced the 1926 one.

Heirs are called in successive classes: descendants, then parents and their descendants, then grandparents and their descendants. Children inherit in equal shares, with no distinction between sons and daughters, and the children of a predeceased child take his or her place. The surviving spouse receives one quarter alongside descendants, one half alongside parents, three quarters alongside grandparents, and everything if there is no one else (art. 499). When there is no heir, the estate goes to the State (art. 501).

A reserved portion (saklı pay) protects descendants, parents and the spouse in particular (art. 506). The heirs may divide the property amicably through a written partition agreement signed by all of them (art. 676).

France فرنسا

Applicable law: Civil Code (reserved portion and disposable portion: arts. 912 to 917; spouse: art. 757; compensatory deduction: art. 913, para. 3, introduced by Law No. 2021-1109 of 24 August 2021) and Regulation (EU) No. 650/2012 on international successions

French law in principle applies to a Muslim living in France; a will can choose the law of nationality or use the disposable portion.

For deaths on or after 17 August 2015, European Regulation No. 650/2012 subjects the whole estate to the law of the State where the deceased had their habitual residence (art. 21). The estate of a Muslim living in France is therefore in principle governed by French law, which does not recognise the fara’id shares: all children have the same rights, whatever their sex.

By will, a person may choose the law of the State of which they are a national (art. 22), even if it is a country outside the Union, such as Morocco or Algeria. A provision of that law may, however, be set aside if it is manifestly incompatible with public policy (art. 35). For deaths on or after 1 November 2021, where the applicable foreign law has no reserved-share mechanism protecting children, each child may obtain a compensatory deduction from the property located in France, if the deceased or one of the children is a national of, or resides in, a Member State (art. 913, para. 3).

Without a choice of law, children are forced heirs: together they receive at least one half of the estate with one child, two thirds with two, three quarters with three or more; the rest, the disposable portion, can be bequeathed freely, including to an heir. If there are no descendants, the spouse has a reserved portion of one quarter. A will can thus use the disposable portion to bring the distribution closer to the Islamic shares, without touching the reserved portion.

An adult forced heir may also waive in advance the right to challenge a gift or bequest that encroaches on their reserved portion, by a deed drawn up by two notaries (art. 929). After the death, an amicable division requires the agreement of all the heirs and goes through a notary if there is real estate.

Belgium بلجيكا

Applicable law: Civil Code, Book 4 “Successions, Gifts and Wills” (in force since 1 July 2022), incorporating the reform made by the Law of 31 July 2017; Regulation (EU) No. 650/2012

Belgian law in principle applies to the estate of a resident; the children’s reserved portion is set at one half, which leaves the other half free to be disposed of by will.

As in France, European Regulation No. 650/2012 designates the law of the deceased’s last habitual residence, unless they chose the law of their nationality by will. The estate of a person living in Belgium is therefore in principle governed by Belgian law, under which children inherit equal shares.

For deaths on or after 1 September 2018, children together have a reserved portion of one half of the estate, however many there are; the other half can be bequeathed freely. The surviving spouse has a reserved portion in usufruct, covering at least half of the estate or the family home and its furniture. Without a will, when there are descendants, the spouse receives the usufruct of the whole estate.

A will can therefore allocate the disposable portion so as to bring the division closer to the Islamic shares. The global succession agreement, concluded before a notary by the parents and all their children, also makes it possible to set in advance a balance accepted by everyone, which need not be equality.

United Kingdom المملكة المتحدة

Applicable law: England and Wales: Wills Act 1837 (s. 3); Administration of Estates Act 1925 (intestacy, s. 46); Inheritance (Provision for Family and Dependants) Act 1975

Freedom of testation allows a will to be drawn up according to the Islamic shares; without a will, the intestacy rules favour the spouse.

The United Kingdom does not apply the European Succession Regulation. In England and Wales, anyone may dispose of all their property by will (Wills Act 1837, s. 3): a will can therefore divide the property according to the Islamic shares.

Where the deceased was domiciled in England or Wales, certain relatives (a spouse or civil partner, a former spouse who has not remarried, a cohabitant of at least two years, a child, a dependant) can ask the court for “reasonable financial provision” if the will leaves them none (1975 Act).

Without a will, if there are descendants, the spouse receives the personal chattels, a fixed sum of £322,000 (since 26 July 2023) and half of the rest, the other half going to the descendants; with no descendants, the spouse receives everything. These rules do not follow the fara’id shares, hence the value of making a will. Scotland has its own rules: there, the spouse and children have “legal rights” whatever the will says.

Pakistan باكستان

Applicable law: Muslim personal law, applied under the Muslim Personal Law (Shariat) Application Act, 1962; Muslim Family Laws Ordinance, 1961 (Ordinance No. VIII of 1961), section 4

Islamic law is applied according to each person’s school, with one statutory rule of its own: grandchildren whose parent died first receive that parent’s share.

The inheritance of Muslims is governed by their personal law, under the 1962 Shariat Application Act and the 1961 Muslim Family Laws Ordinance, which applies to all Muslim citizens. The courts presume that a Muslim is a Sunni Hanafi unless the contrary is proven; Shia Muslims are governed by their own school (Ja‘fari), although some points, such as the rights of a childless widow, have received conflicting rulings.

Section 4 of the 1961 Ordinance provides that, if a son or daughter dies before the opening of succession, his or her surviving children receive, per stirpes, the share he or she would have received if alive. Unlike the obligatory bequest of the Arab countries, this share is not capped at one third and applies equally to a son’s children and to a daughter’s children.

In 2000, the Federal Shariat Court held this section repugnant to the injunctions of Islam (Allah Rakha case), but its decision does not take effect until the appeal before the Shariat Appellate Bench of the Supreme Court has been decided; according to the most recent publications consulted (2025), the appeal is still pending and the courts apply section 4. The Pakistan Penal Code also punishes depriving a woman of her inheritance by deceitful or illegal means (section 498-A).