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Summary Of The Case Studies
Background: A Saudi father died without leaving a will, leaving behind a wife, three sons, and two daughters. The father owned various assets, such as a house, a car, a bank account, and some shares in a company. The father also had some debts and obligations, such as zakat, taxes, and utility bills. The family wanted to manage and liquidate the inheritance according to Islamic law and Saudi regulations.
Objective: The family needed to perform the following tasks:
- Obtain a death certificate and an inheritance certificate from the competent authorities.
- Pay off the debts and obligations of the deceased from his estate.
- Distribute the remaining assets among the heirs according to their respective shares.
- Transfer the ownership and possession of the assets to the heirs.
Process: The family followed these steps to manage and liquidate the inheritance:
- Apply for a death certificate from the Civil Status Department. The family needed to submit an application form along with the following documents:
- A copy of the identity card of the deceased.
- A copy of the identity card of one of the heirs.
- A medical report confirming the cause and date of death.
- A letter from the police or the court if the death was due to an accident or a crime.
The Civil Status Department issued the death certificate within three working days after verifying the documents.
- Apply for an inheritance certificate from the Sharia Court. The family needed to submit an application form along with the following documents:
- A copy of the death certificate of the deceased.
- A copy of the identity card of each heir.
- A copy of the marriage contract of the wife of the deceased.
- A copy of the birth certificate of each child of the deceased.
- A list of all the assets and liabilities of the deceased.
The Sharia Court appointed a judge to examine the application and hear from the heirs. The judge determined the shares of each heir according to the Islamic law, which are as follows:
- The wife received one-eighth of the estate, as she had children from the deceased.
- Each son received twice as much as each daughter, as per the Quranic verse: “Allah instructs you concerning your children: for the male, what is equal to the share of two females.
- The shares were calculated after deducting any bequests or debts from the estate, as per
the Quranic verse: “After any bequest he [may have] made or debt.
The Sharia Court issued the inheritance certificate within 15 working days of completing the process.