Inheritance Laws in Jordan
Inheritance laws in Jordan are primarily governed by Islamic Sharia law for Muslims, which makes up the majority of the population. For non-Muslims, inheritance follows the provisions of the Jordanian Civil Code. The rules for inheritance differ significantly based on the religion of the deceased. Here’s an overview of both systems:
1. Muslim Inheritance (Under Sharia Law)
For Muslims in Jordan, inheritance follows the Islamic Sharia law, which dictates how the estate is divided among heirs. The law ensures a fixed share for certain family members and specifies the distribution of the deceased's assets.
Key Principles of Muslim Inheritance:
- Fixed Shares: Sharia law assigns specific shares to different heirs. The primary heirs, such as children, spouses, and parents, are entitled to a fixed portion of the estate.
- Male and Female Shares: Under Sharia, the inheritance shares of male heirs are typically twice as large as those of female heirs, based on the idea that men bear greater financial responsibilities.
- No Disinheritance: In Islamic law, the testator cannot fully disinherit heirs who are entitled to a portion of the estate under the law, such as children or spouses.
Order of Heirs in Muslim Inheritance:
The estate is distributed among the following relatives according to the order of priority:
Spouse:
- If the deceased was married, the surviving spouse inherits a share. The share varies depending on whether the deceased had children.
- Wife: If the deceased leaves children, the wife inherits 1/8 of the estate. If there are no children, she inherits 1/4 of the estate.
- Husband: If the deceased was a wife, the husband inherits 1/4 if they have children, and 1/2 if they do not have children.
Children:
- Sons and daughters inherit the estate, with sons receiving twice the share of daughters. For example, if there are two sons and one daughter, the sons will each receive 1/3 of the estate, and the daughter will receive 1/6.
- If there are only daughters, they inherit half of the estate if there are two or more daughters.
Parents:
- Father: The father typically inherits 1/6 of the estate if there are children.
- Mother: The mother inherits 1/6 of the estate if there are children, but if there are no children, the mother’s share may increase.
Siblings: If there are no direct descendants (children) or ascendants (parents), the estate can pass to siblings and more distant relatives, but only after the rights of other closer relatives are honored.
Other Heirs: In the absence of immediate family, the estate can be inherited by more distant relatives like grandparents, aunts, uncles, or cousins, in accordance with Sharia law.
Example of Division (Sharia Inheritance):
Suppose a person passes away leaving a wife, one son, and one daughter:
- The wife would receive 1/8 of the estate.
- The remaining estate is divided between the son and daughter. The son would receive 2/3, and the daughter would receive 1/3.
Debts and Expenses: Before distribution, any outstanding debts of the deceased, including funeral expenses, must be paid. Inheritance shares are distributed only after these debts have been settled.
2. Non-Muslim Inheritance (Civil Law)
For non-Muslims in Jordan, inheritance follows the Jordanian Civil Code. Non-Muslims can also draft a will to specify their wishes for the division of their estate, and the inheritance laws are more flexible compared to Sharia.
Key Points of Non-Muslim Inheritance:
- Wills: Non-Muslims are allowed to make a will specifying how their estate should be divided. However, there are restrictions, such as the fact that a will cannot fully disinherit a spouse or children.
- Intestate Succession: If a non-Muslim dies without a will, the estate will be divided according to the provisions in the Jordanian Civil Code.
- Spouse and Children: The surviving spouse typically inherits a portion of the estate. If there are children, they inherit the remainder of the estate, divided equally.
Order of Inheritance for Non-Muslims:
- Spouse: The surviving spouse inherits a portion of the estate, with the share depending on whether there are children.
- Children: If the deceased has children, the children inherit the estate, and the estate is divided equally among them.
- Parents: If the deceased has no children, the estate passes to the parents.
- Siblings and Extended Family: In the absence of a spouse, children, and parents, the estate will pass to siblings or more distant relatives.
3. Inheritance of Property
In Jordan, the distribution of real estate and other property follows the same principles as the distribution of financial assets. If the deceased owned land or property, that property will be divided among the heirs according to the applicable inheritance laws, whether Sharia law for Muslims or the Civil Code for non-Muslims.
- If the property is jointly owned, the surviving owner may have the right to purchase the deceased’s share of the property.
- Any debts owed on the property must be settled before the property can be transferred to the heirs.
4. Inheritance Tax
Jordan does not impose an inheritance tax or estate tax. However, there may be registration fees and administration costs associated with transferring property or assets. These costs are typically minimal compared to inheritance taxes found in other countries.
5. Inheritance of Business Assets
If the deceased owned a business, the business can be inherited by their heirs under the same rules governing the inheritance of other assets. The heirs can decide whether to continue operating the business or sell the assets. For Muslim heirs, the inheritance of the business would follow the Sharia distribution rules.
6. Disputes and Legal Challenges
Inheritance disputes are relatively common, particularly when there is a disagreement over the interpretation of the will or over the division of assets. In Jordan, disputes over inheritance can be settled through the courts. Muslim inheritance cases are typically handled in the Sharia courts, while non-Muslim inheritance cases are handled by the civil courts.
Conclusion
Inheritance laws in Jordan vary depending on the religion of the deceased. Muslim inheritance follows Islamic Sharia law, which assigns fixed shares to specific heirs, such as the spouse, children, and parents. Male heirs generally receive double the share of female heirs. Non-Muslims follow the Jordanian Civil Code, which is more flexible and allows individuals to create a will specifying how their estate should be divided.
There are no inheritance or estate taxes in Jordan, but there may be administrative fees associated with transferring assets. If there are disputes over the inheritance, the matter can be taken to court for resolution.
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