Inheritance & wills in China

Civil Code of the People’s Republic of China (2021, Book VI) is the sole legal framework. Sharia faraid has no formal recognition. Muslim minorities (Hui ~10.6M, Uyghur ~12M, Kazakh, Dongxiang, Salar) traditionally distribute estates through faraid within the family but the legal title transfer follows the Civil Code’s statutory rules.

Notarised, holographic, attested, video-recorded, or oral (in emergencies) wills are all valid under Arts. 1134–1140. To approximate faraid, Muslims commonly use a notarised will distributing shares to named heirs in faraid proportions.

Notary Public Office (公证处 gōngzhèngchù) registers wills. The Will Registration Service of the China Aging Health Foundation maintains a national index.

Attested wills require 2 adult non-beneficiary witnesses (Civil Code Art. 1135). Notarial wills require no separate witnesses — the notary serves as the attesting officer.

Collecting authority

China Islamic Association (中国伊斯兰教协会) · Provincial Imams’ Councils

Tax relief

No formal Zakat tax-deduction. Charitable donations to state-approved organisations under the Charity Law 2016 qualify for partial deduction (up to 30% of annual income).

Maximum relief

30% of annual income (general charity, not Zakat-specific)

Notes

Local imams administer Zakat collection at the mosque level. State oversight is heavy; consult provincial-level Imams’ Council for current Nisab and channels.

Civil Code Art. 1141 reserves a "necessary share" for incapacitated heirs lacking labour ability and source of income. No descendant-wide legitime, so faraid proportions are largely achievable via a clear will.

Estate is settled by agreement among statutory heirs (Civil Code Art. 1132) or by court order via the People’s Court (人民法院) if disputed. Banks (ICBC, BoC, ABC) require notarised inheritance documents before releasing funds.

The China Islamic Association coordinates fatwa guidance through its national Imams’ Council. Hui communities follow Hanafi; Uyghur and Kazakh communities also follow Hanafi via Central Asian tradition. Local State-approved imams provide community-level guidance on faraid.

• Faraid has NO legal force on its own — register a notarial will explicitly listing every heir + share. Without that, the Civil Code’s default statutory shares apply (equal-share descendants).
• Cross-border heirs (Hong Kong, Macau, overseas Chinese) trigger international private-law analysis — engage a specialist.
• Xinjiang situation — religious-affairs regulation and minor-child custody are sensitive; consult an experienced local notary.

• China Islamic Association (中国伊斯兰教协会)
• Notary Association of China

• Is Islamic inheritance (faraid) legally recognised in China?

  Civil Code of the People’s Republic of China (2021, Book VI) is the sole legal framework. Sharia faraid has no formal recognition. Muslim minorities (Hui ~10.6M, Uyghur ~12M, Kazakh, Dongxiang, Salar) traditionally distribute estates through faraid within the family but the legal title transfer follows the Civil Code’s statutory rules.

• What makes an Islamic will (Wasiyyah) legally valid in China?

  Notarised, holographic, attested, video-recorded, or oral (in emergencies) wills are all valid under Arts. 1134–1140. To approximate faraid, Muslims commonly use a notarised will distributing shares to named heirs in faraid proportions.

• Where do I register my will in China?

  Notary Public Office (公证处 gōngzhèngchù) registers wills. The Will Registration Service of the China Aging Health Foundation maintains a national index.

• Does China have forced-heirship rules that override an Islamic will?

  Civil Code Art. 1141 reserves a "necessary share" for incapacitated heirs lacking labour ability and source of income. No descendant-wide legitime, so faraid proportions are largely achievable via a clear will.

• How does probate work in China?

  Estate is settled by agreement among statutory heirs (Civil Code Art. 1132) or by court order via the People’s Court (人民法院) if disputed. Banks (ICBC, BoC, ABC) require notarised inheritance documents before releasing funds.

• How many witnesses do I need for a will in China?

  Attested wills require 2 adult non-beneficiary witnesses (Civil Code Art. 1135). Notarial wills require no separate witnesses — the notary serves as the attesting officer.

• What are the most common Islamic-will pitfalls in China?

  Faraid has NO legal force on its own — register a notarial will explicitly listing every heir + share. Without that, the Civil Code’s default statutory shares apply (equal-share descendants). Cross-border heirs (Hong Kong, Macau, overseas Chinese) trigger international private-law analysis — engage a specialist. Xinjiang situation — religious-affairs regulation and minor-child custody are sensitive; consult an experienced local notary.