ARTICLE -178

In case of Le'a 'an between a man and a woman, the judge shall negate the parenthood of
the man to the chil d and the man shall not have to pay alimony fOT him, and neither could
inherit each other, and the child shall be affiliated to his mother.
ARTICLE -179
If the man confesses to his dishonestly made allegations on negating Al-nassab, the child
shall be named after his father even if the confession is made after ruling the negation of
Al-nassab is made, and he may marry the woman.
ARTICLE -180
Separation on the grounds of le'a 'an is judged as an annulment of marriage.
ARTICLE -181
Effective from implementation thereof:
Action on acknowledgment of Al-nassab for discl aiming purposes may not be heard if
the acknowledgment is confi rmed in an official, or unofficial , document completed in the
person's handwriting making the acknowledgment, and his signature, or if his signature is
attested.
ARTICLE -182
AI-Nassab action should indicate the grounds for the claim.
ARTICLE -183
The litigant in Al-nassab action is the person claiming the rights therein, or whose rights
are pending the confirmation.
ARTICLE -184
a- Discrepancy in parenthood or childhood actions shall be pttrdoned; olb wis none
will be pardoned,
b- Discrepancy may be lifted by actual reconciliation, or by believing the
statement by the Judge. or by rejecting it wlder the ruling is made by tbejudge.
ARTICLE -185
A judgment made in Al -nassab case may be used only under substantiated evidence only
with regard to all litigants involved therein.
r
ARTICLE -186
The mother should lactate her baby if she is the only feeding source for him
ARTICLE -187
Nursing, or lactation, fees are due as from the beginning of nursing and can not be
forfeited except by being perform or discharged.
ARTICLE -188
a- The mother is not entitled to a nursing tee under an mal or during the
baby's father ida'a when she is entitled to an alimony.
b- A nUl'Sing fee is payable fur the maximum period uftwo yoors M from date of
birth.
(C d
ARTICLE -189
a- The right for custody is ordained in this th mother, hf!f
maternal her mother's material at nt, het' mothet" s paternal paternal
grandmother, the father, the sister, he paternal aunt the father'.'
father's maternal aunt, the rother's daughter nnd tinaUy the sister's daughter, with
precedence to be given to the brother, the mother and the father in all.
b- If there is no one of above to take custody, the right tor eu lody goes to the elected
guardian, the agnate grandfather, the uterine gnmdfather
l
the brother' the paternal
uncle, and finally his '00, giving precedence to the brother) th mother and the if
possible.
c- If those entitled to custody are all of the same the j udge may
select most compeknt among them to the care ofthe child concerned.
AR TrCLE -190
8- The persOl\ entitled to custody should be oftegal of mental
trustworthy and capable of raising the child <;.oocemoo and caring for hi \'\ and for his
physical and mental welfu ,
b- The person ntitled to custody should be a mahnram of forbidden relations) to the
temale and has a woman in his fumily capable ofattendifl-& the child,
ARTICLE -1 91
a fth woman having '., stody of child get. mrried to man who L' fi mahrnm to
the child, and has consunllnated 'he loses her tustody.
b- Withholding illfom'l8tton by a person NhQ is entitled to custody fur one ..
without an excust! of his knowledge on the cQnsu.mmati n of such shnll
forfeit his right in the custody' claiming ignorance oftlli ' provision shall not be
accepted as an excuse.
ARTICLE -192
A non-Moslem woman is entitled to the custody of a Moslem child, until he enjoys
mental discretion of religions, or is feared to get accustomed to non-Islamic faiths, even if he
does not understand about religions, yet.
In all cases, the chi1d concerned should not be kept in her custody upon reaching seven
years old.
ARTICLE -193
The light for custody can not be forfeited, but may be withheld for certain existing
limitations and may be resumed upon their removal.
ARTICLE -194
Custody taken by women ends upon reaching puberty for boys, marriage of the girl and
the consummation of her marriage.
ARTICLE -195
a- AI-Ha'dena (the temale person holding custody ofa ... hild) m 'i n t trnvel with the
child to live in another cO try without permission from his waH (guLrdi.3n) or wnsi
(guardian or 'ponsor).
b- At-Wali, in any capacity he may be as futher, Qf nny may l\ot with the
child to live in aI\Qther" rea du 'ng the duratiot'l Qfthe custody without the permission
of AIha'demt.
ARTICLE -196
a- Visitation rights are exclusive to the parents and th(! grandparents.
b- Al-Hadena can not preven nny of th a.bove mentioned from 'eeina the child ill.
custody,
c.. In e case ofp vention, and the unwillingness to go to the olb r party's d to
see the the judge S lal set a periodical date and a convt:nient plaoe for the rest of
his mily to be able to see the child,
ARTICLE -197
AI-Hadena may receive the child's alimony including his lodging fees.
ARTICLE -198
The person obliged to pay the child alimony, should pay fees for his custody lodging,
unless Al-hadena owns her own home where she lives, or an accommodation assigned for
her.
ARTICLE -199
a- AI- adena is not entitled to a custody fee if she is the or a divoreee
completing her ida'a during which she receives the child or during the period
granted for Al-hadena or eeping the child.
b- AI-Hadena should receive fees for the custody until the baby boy lS seven yetlt'S old
and the baby girl reaches nin years old.
eat
ARTICLE -200
There is no alimony for relatives except for the descendants and descendants in line.
ARTICLE -201
The son who is a solvent adult, male or female, is obliged to pay an alimony to his
parents, and poor grandfathers and grandmothers irrespective of their faith or their ability to
earn a living.
In case of many children, alimony is payable by their most solvent.
ARTICLE -202
A solvent ascendant father in line is obliged to pay an alimony to his poor descendant
son in line who is unable to earn a living until he declares sustenance.
ARTICLE -203
8- fthe father is insolvent, ul'ld the mother is solvent, she should pay her son's alimony
for which the father will be indebted, and she may recourse on him for ifhe becomes
solvent; the same applies in the absence of the father and can not be reached for
fulfilling the alimony.
b- fboth the father and mother are insolvent, the alimony houtd be paid by i
obliged to do it, for which the ruther hall be indebted nd . pon 'or mny . on
him ifhe solvent
ARTICLE -204
If there are many persons entitled to an alimony, and the person obliged to pay it is
incapable to sponsor them all , the wife's alimony is given precedence, his children, the
mother and the father.
ARTICLE -205
The alimony falls due as from the date of filing the action, or reconciling over it, and
shall be considered as a debt on whoever is obliged to pay it and can not be canceled except
if performed or discharged.
ARTICLE -206
A set off can not be conducted between a child's alimony payable by his father and the
father's debt due to A]- hadena.
ARTICLE -207
The relatives alimony is subject to the provision of article (79) thereof.
S
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ARTICLE -208
Taking the provisions of arti cles (29) to (33) into consideration:
Personal guardianship covers male or female youngsters until they read fifteen years of
age legitimately or as orphans, and of mental competence; also covered, is a male or female
adult who is suffering mental insanity or idiocy.
ARTICLE -209
a- Personal is granted to til. the the tl nnte
person himsel f according to the Qrder of inheritance of the inhel provided he is
mahram.
b-In case ofmore than one person entitled to AL5 wilayn (auurdianship), fthe srune
their most competent shall be selected by th court
c- In case a competent guardian is not the court shall appoint a competent
guardian other than them.
ARTICLE -2 10
Taking the provisions of Al-hadana (custody) into consideration:
AI-Wali shall be responsible for the affairs of the person in custody, his proper
upbringing, education and welfare.
ARTICLE -211
a- AI-Wal i should be . ntrusted with the abl to run hi affuil'S ind t be of the
same faith with him.
b- IfAt-wali no longer possesses any of the above his wilaya
(guardianship) shall be forfeited.
ARTICLE -212
In case a wali is not appointed for a minor, or has forfeited his wilaya, the court shall
entrust the minor to an ameen (trustee) or a charitable society until AI- wilaya is decided on.
e
ARTICLE -213
The Will is the dispensing of the inheritance with its execution suspended until after
death.
ARTICLE -214
The Will is drawn verbally or in writing, and if AI- moussi (testator) is unable therefore,
his recognizable gesture shall be held as valid. Denials shall not be heard in incidents taking
place as from the implementation date thereof with regard to da'wa AI- wasiyya (Will
actions), or verbal retraction therefrom after the testator's death unless official, or unofficial ,
papers are found which are customarily attested, i.e. showing his handwriting, seal, signature
or thumbprint, indicating the corpus of The Will; or that The Will paper, or retraction
therefrom, shows an attested signature of the testator.
If necessary, the verbal Will could be attested by the testimony of two credible witnesses
who have attended the pronouncement thereof.
ARTICLE -215
The Will containing a statement that is legitimately forbidden shall be held as null and
void; and its motive must not be in contradiction to the intent of the Legislator.
If the testator is a non-Moslem, his Will shall be held as valid unless it is forbidden
under Islamic legislation.
ARTICLE -216
8 - The Will may be postponed for future execution
l
or be conditionally su or
restrained, thereof ifsuch condition is valid.
b- A valid condition should contail'l legitimate interest to the testat or the or
others, and is not prohibited, or legitimately and observance thereof is
practically plausible.
e- The Will provisionally suspended on an invalid condition shall 00 held as void.
d- If The Will is suspended on an invalid the Will shaH be held as valid
while he condition to be considered as void.
ARTICLE -217
8- Th t tator should be legally eligible for contribution.
b- Ifthe testator is held under attachment on the basis of mental incom.petence or
prodigality, or becoming ighteen years of his Will may be held as valid pending ft
court pennit
c- The Will is ' uoo by someone, but prior to the i sue ofthe
on the basis incompetence or does not nood l penlllt
to be executed.
d- The Will given by a ma e or female m.ay be held a valid provided
return. to 1 lam.
ARTICLE -218
AI-Mo'wssa lahu (The legatee) should be:
1- Named,
2- To exi tat th time of The Will ifl1{lmed.
If not named, he does not have to exist at the time of The Will, or at the time of death of
the testator, taking the provisions of article (279) into consideration.
ARTICLE -219
8 - The Will may be given out to be used for the glory ofGod\ and for charity
without designation of a name or a m.eans of use,
b- The Will may be given for charitable and ()ther 'cl\aritablt!
establishm academic (sdentitic) institutions and public interests to be di pensed on
their administration, buildings, poor beneficitnies nnd other unless
otherwise "tate<),
ARTICLE -220
The Will may be designated to a charitable entity yet to be established in the future; if its
inception proves impossible, the donation shall be given to the establishment closest in
function to this entity.
ARTICLE -221
The Will shall be held as valid irrespective of religion, faith, locations, unless the testator
belongs to an Islamic country and the non-Moslem beneficiary belongs to a non-Moslem
country because of whose legislation this Will shall be held as invalid.
ARTICLE -222
AI-Mo'wssa behi The testamentary inheritance should be:
1- Legitimatelyacceptab e tor bequea h' ng, or may be the ubjoot of tl oontrnctunl
agreement during the life ofthe testator.
2- To be an as essable property by the testator and the legatoo ifit l money,
3- Existing as part of the testator's estate a the time of the W' U if pecifieally smted
taking 'nto consideration paragrapb (a) of article (216).
ARTICLE -223
The Will shall be held as valid on goodwill , and the rights passed down by inheritance,
including the right to utilize the leased area after the death of the tenant.
ARTICLE -224
The Will by which a specific amount of money shall be extended to the legatee as a loan
shall be held as valid and may be executed on any additional amounts in excess of the
disposable third of the inheritance on condition of the heirs' approval.
ARTICLE -225
8- The Will shall be held as valid if it is divided on th testat r's het whereby ch
inheritor, or some, may get a pan speclfied by the leSmtof, to his portion under
the inheritance,
b- If the part allocated to some exceeds his portion under the thi
considered Will.
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(_"'"-_.....ltations tio eWll
AR TI CLE -226
The Will shall be considered as null and void, upon, a- The death of the legatee before
the testator.
b- Perishing of the designated testamentary act prior to being accepted by the legatee.
ARTICLE -227
The Will which is voluntary or wajeba (incumbent) shall be denied in cases of the
deliberate murder of the testator, whether the murderer is the principal CUlprit, an accomplice,
or a perjury witness whose testimony before the court has resulted in the death execution of
the testator, that the murder takes place unjustly and unjustifiably with the murderer being
criminally responsible, and a justification includes exceeding the legitimate right for defense.
ARTICLE -228
The testator may retract the whole, or part, of his wasiyya expressly or implicitly.
Retraction includes any action or manner substantially or customarily held as such.
An indication to a retraction is any action that removes the testator' s ownership of the
testamentary act.
ARTICLE -229
Retraction of The Will does not include demolition of the testamentary building, the
action obliterating the name of the testamentary item or changing most of its characteristics,
the action which requires additional works only necessary for the testamentary act to be ready
for hand-over unless it is substantially or customarily indicated that the testator thereby
means retraction from The Will.
ee
Ace N
ARTICLE -230
The Will shall be held as binding upon being accepted by the legatee expressly or
implicitly after the death of the testator; if the legatee is a fetus, a minor or held under
attachment, the acceptance and of the Wi ll shall be decided by the guardian of his estate, and
he may enunciate it by court permission.
Acceptance by authorities, establishments and institutions shall be decided by their legal
representative, and in the absence thereof, the Will shall be considered as binding irrespective
of its acceptance.
ARTICLE -231
If the legatee dies prior to accepting or reverting the Will, his heirs shall replace him
thereon.
ARTICLE -232
It is not required for acceptance or reversion to be pronounced immediately upon the
(testator's) death; nevertheless, The Will shall be held as void if the heir, or the appointed
executor of The Will, serves the legatee a notice including adequate information on the Will
and asked him to either accept it or revert it, and a complete thirty days, other than the legally
set period, elapsed since his knowledge thereof without him accepting or reverting it in
writing and without an acceptable reason.
ARTICLE -233
a- If the legatee accepts part ofThe Will and reverts th.e remaining the accepted
part shall be consid red as binding while t e part reverted haH be nullified.
b- In case of multiple with some: accepting and others he Will shaH
be binding for those accepting and shull nullif1ed fur
ARTICLE -234
a- The Will shall not be nullified if revert([ prior to the death of the t tatar,
b-Ifthe legatee reverted all or part of The Will after the (testntor\') death and prior to
acceptance, it shall be nullified fur the reverted part.
c.. If he reverts all or part" fter the (t' tators) detl.th lnd aftf!r Qnd such is
accepted by one of the The Will shall be annulled; and if not acoopted by an.y of
Jus revet'SlOll is nullified.
ARTICLE -235
a- fthe legatee exists prior to the death) he shall be to the
testamentary act as from death, un css the corpus ofThe Will stilntltttes the entitlement
at a later dat set fur after death.
b- The legatee shall be entitled to the accessories Qfthe testamenmry act as from the
entitlement until the acceptance if the acceptance is delayed to the commencement of
the entitlem nt, and it shall not be held as a Will; the lega ee shall be re ponsiblt} for
paying the testamentary ae 's costs or his period.
C>..L41_1W
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ARTICLE -236
The Will shall be held valid if bequeathed to a non- existent, and to the existent and
non-existent if could be remunerated; if the legatee could not be located upon the testator's
death, the Will shall go to the testator's heirs, and if impossible to identify a legatee, the
testamentary act shall go to the testator's heirs.
If one of the legatees is found upon the testator's death or thereafter, the Will shall go to
him until another is found and he shall share it with the first, until it is desperate to find
another, the testamentary act then shall go to all legatees, and the share of the deceased from
among them shall be considered as his inheritable estate.
ARTICLE -237
If the Will - for those indicated in the above article - entails the utilities only, and none
could be located upon the testator's death, it shall go to the testator's heirs.
If a beneficiary is found upon the testator's death or thereafter, the uti lities shall go to
him and to all other beneficiaries coming thereafter until extinct, whereby the utility shall go
to the testator's heirs, and when desperate to find other legatees, the testamentary act shall go