The division of inheritance in Saudi Arabia takes place in accordance with Islamic law, and the inheritance is defined as all that the deceased person left in terms of money, movables, and real estate. God, as the Kingdom of Saudi Arabia relies on the provisions of Islamic law in matters of inheritance, and Saudi law protects the legal share of people and prevents the appropriation of the estates of others without the right to do so.
Division of inheritance in Saudi Arabia
It is considered one of the difficult and complex legal matters that need a high degree of accuracy and organization in order not to make a mistake. Islamic law clarified how to divide the inheritance in the Book of God Almighty, and therefore questioning the foundations on which the inheritance is distributed is inconceivable and unacceptable.
It is important that the inheritance be distributed correctly, justly, and legally, because in the case of unfair distribution, many disputes and problems occur between the heirs, and in many cases these disputes and problems reach the courts, as well as disputes may cause a final break in relations, so it is important to seek help A good lawyer to distribute the inheritance properly and justly.
Those who have the right to inheritance are the family first and those who have a correct lineage, and it is not possible to prevent the married son or daughter from her right to inherit from her parents, i. the other.
The best way to divide the inheritance in Saudi Arabia
There are two ways in the Kingdom of Saudi Arabia to divide the inheritance:
Dividing the inheritance by mutual consent, which is when the heirs agree among themselves to divide the estate without going to court, and this method is the best and easiest way to distribute the inheritance to those who have the right to obtain an inheritance.
Dividing the inheritance through the court This method is the most used and resorted to by the heirs due to the lack of agreement between them after trying more than once in order to divide the inheritance, but the most important characteristic of this method is that it guarantees each person his right as the inheritance will be distributed in a fair and legal way. An example of a dispute between brothers over the right of each of them to inheritance because each one of them feels that he did not get his right, and therefore they do not succeed in distributing the inheritance, so a dispute occurs between them, which leads them to go to court to guarantee their rights.
Tips for the heirs to help them distribute the inheritance by mutual consent among themselves and quickly is to communicate with the other beneficiaries of the inheritance and to know the desire of each one of them, as well as negotiating with all the heirs about the division of the inheritance, also it is necessary to be patient and try to understand the other parties and reach a point of agreement and contact with them .
How to divide the inheritance
There are three ways to divide the inheritance:
Inheritance by imposition: the six impositions mentioned in the Holy Qur’an are two-thirds and one-eighth, a quarter and a half, one-third and one-sixth.
Inheritance by agnate: The agnate inheritance is for the individual who does not have a share, and he is entitled to inheritance after the owners of the hypotheses.
Inheritance by people in Ihram: any person who has a relative with the deceased who inherited it, and is not of the clan or the share. It can also be said that it is the inheritance of any of the relatives who are not heirs.
God Almighty mentioned in the Holy Qur’an the share of each of the heirs in the inheritance, because the inheritance begins with them in the event that they are present, and then comes after them the clan, and they are ((the spouses, parents, grandfather and grandmother, daughter, daughter of the son, sister, and mother’s son) ).
It came in the Holy Qur’an with regard to inheritance. God Almighty said in Surat Al-Nisa’, verse eleven: So what he left, and if she was one, then she gets half, and for his parents, each of them gets a sixth of what he leaves, if He had a son, so if he had no son and his father has inherited him, then his third mother, then if he had a brothers, then his mother is the one who is the same With your children, you do not know which of them is the most brightness of you from God, for God was the knowledge of wise)).
Division of inheritance in Saudi Arabia after the death of the mother
There is a lot of controversy related to the division of inheritance after the death of the mother because the mother is generous and gives to her children with generosity and love, and therefore it is important that the inheritance be divided very carefully and with great clarity without violating Islamic law in order for there to be justice.
The division of the inheritance differs from one family to another according to the number of children, male and female. It must be noted that the inheritance cannot be delayed unless all the heirs agree to postpone the distribution of the inheritance. Likewise, in the event that one of the parties to the inheritance waives his right to inheritance, he is not entitled to withdraw from the inheritance. This decision.
If one of the sons needs the mother’s help and is closer than his brothers to poverty, then the mother can give him some of her property while she is alive and not give it to her other children, after her death. In the event that the matter is not proven, the gift that she gave him is withdrawn, and it is considered part of her estate and distributed among the children.
It should be noted that gold is counted as part of the property without regard to its source, so gold can be valued and calculated with the rest of the money.
It was mentioned in the Holy Qur’an that the daughter has the right to half of her mother’s inheritance, but in the case of two daughters, the share of each of them is two-thirds of the estate, but in the case of male children, one male gets twice the share of the two females.
conclusion
Before starting to divide the inheritance, some procedures related to the rights of the deceased person must be taken, and it is obligatory to take them because they are still owed to him even after his death. inheritance.
The procedures that do not fall from the deceased are the preparation of the deceased, which are the expenses related to the shrouding of the dead and digging the grave in which he will be buried, also the debts related to the mortgage and are considered rights related to the property of the estate, as well as the rights related to the deceased, which is the debt that is not related to the mortgage of alms or the debt of persons such as loans, finally the will that is permissible Sharia, it is one-third of the estate for the inheritor and less than one-third for the non-heir.
Finally, it is important to seek the help of a lawyer when distributing the inheritance because of the many procedures that must be implemented. A group of lawyers specializing in inheritance can be found in Rahn Law Firm.
