Islamic Inheritance Limitation: It is a legal document in which the Shariah Judge establishes the amount of the shares of the heirs of a deceased person with shares, and shares are calculated according to the provisions of inheritance in Islamic Sharia.
The purpose of restricting the legal inheritance is to show the percentage of shares the heirs own in the estate in general, and not the real estate and movable property that the testator owns.
And it is organized before the Sharia Court to which the testator belongs, and distribution is based on the provisions of Sharia division in the Personal Status Law
Conditions and documents required for organizing an Islamic Inheritance Limitation:
- The person must be one of the heirs, over the age of 18.
- An application is submitted and approved by the court in which the deceased’s name and the name of the applicant are registered and signed with the payment of the specified fee, and then the Sharia Court Office refers the request to the Finance Directorate and the Civil Registry Department to which the deceased’s registration is attached.
- The applicant takes the application and goes to the Mayor to fill out the section on the Mayor, which includes that so-and-so has been passed away and inherited by both so-and-sos. The form is stamped and signed.
- The applicant then goes to the Civil Status Department to register the information of the deceased and his family, wives and children.
- Then he goes to the Finance Directorate to show the funds, real estate and debts that the inheritor owns, as well as writing a phrase by the Finance Directorate that there is no objection to organizing the Inheritance Limitation.
- The applicant then returns to the Sharia Court, where the judge appoints an expert for the calculation of the legal shares, and the applicant pays fees determined by the judge.
- The expert calculates the legal shares of each inheritor and organizes the inheritance Limitation, then the judge signs it and the original stays with the court, then the applicant takes a certified copy of it, with the possibility of obtaining whatever copies he wants in the future.