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Inheritance & wills in Iraq

Personal Status Law No. 188/1959 (as amended, Law 21/1978) provides classical Sunni or Jaʿfari (Shia) faraid based on the deceased’s madhhab. Most Iraqi-Muslim inheritance proceeds under Jaʿfari rules — substantially different from Sunni shares for daughters with no son (Jaʿfari daughters take the full estate; Sunni residue goes to distant agnates).

Informational — not legal advice

Statutes change; statements here reflect publicly available references as of 2025. For specific drafting and probate, consult a qualified lawyer admitted in Iraqand a scholar familiar with your madhhab.

How inheritance works

Personal Status Law No. 188/1959 (as amended, Law 21/1978) provides classical Sunni or Jaʿfari (Shia) faraid based on the deceased’s madhhab. Most Iraqi-Muslim inheritance proceeds under Jaʿfari rules — substantially different from Sunni shares for daughters with no son (Jaʿfari daughters take the full estate; Sunni residue goes to distant agnates).

What makes a will valid

Wasiyyah ≤ 1/3 in writing, signed before two adult Muslim witnesses; notarial registration at the دائرة الكاتب العدل recommended. Handwritten wills accepted if signed and dated.

Registration & where to lodge

Notary Office (دائرة الكاتب العدل) under the Ministry of Justice. Personal Status Court (محكمة الأحوال الشخصية) issues إعلام الوراثة.

Witness rules

2 adult Muslim witnesses; civil marriage registration (‘aqd) required for spouse to inherit.

Zakat in Iraq

Collecting authority
Sunni and Shia Endowment Offices (Diwan al-Waqf al-Sunnī / al-Jāʿfarī)
Tax relief
Donations to officially-recognised charities deductible under Income Tax Law 113/1982
Maximum relief
10 % of declared taxable income
Notes
Voluntary; sect-based collection through each Diwan with separate fatwa councils.

Forced heirship & statutory overrides

Faraid (madhhab-specific — Sunni Hanafi is the statutory default absent madhhab declaration; Jaʿfari applied on request for Shia).

Probate / execution after death

Personal Status Court issues the inheritance deed; banks and the Real Estate Registration Directorate follow. Kurdish Region uses parallel courts under the KRG Judicial Council.

Scholar notes

Specify madhhab clearly in the wasiyyah — Jaʿfari and Sunni outcomes differ significantly for daughters and certain residuaries. Grand Ayatollahs (Marja‘) of Najaf issue binding fatwa for Shia deceased.

Common pitfalls

  • Madhhab declaration is decisive — without it courts default to Sunni Hanafi, which may misalign with a Shia deceased.
  • Kurdish Region estates require separate KRG probate.

Official authorities & registries

FAQ — Islamic will & inheritance in Iraq

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

    Personal Status Law No. 188/1959 (as amended, Law 21/1978) provides classical Sunni or Jaʿfari (Shia) faraid based on the deceased’s madhhab. Most Iraqi-Muslim inheritance proceeds under Jaʿfari rules — substantially different from Sunni shares for daughters with no son (Jaʿfari daughters take the full estate; Sunni residue goes to distant agnates).

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

    Wasiyyah ≤ 1/3 in writing, signed before two adult Muslim witnesses; notarial registration at the دائرة الكاتب العدل recommended. Handwritten wills accepted if signed and dated.

  • Where do I register my will in Iraq?

    Notary Office (دائرة الكاتب العدل) under the Ministry of Justice. Personal Status Court (محكمة الأحوال الشخصية) issues إعلام الوراثة.

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

    Faraid (madhhab-specific — Sunni Hanafi is the statutory default absent madhhab declaration; Jaʿfari applied on request for Shia).

  • How does probate work in Iraq?

    Personal Status Court issues the inheritance deed; banks and the Real Estate Registration Directorate follow. Kurdish Region uses parallel courts under the KRG Judicial Council.

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

    2 adult Muslim witnesses; civil marriage registration (‘aqd) required for spouse to inherit.

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

    Madhhab declaration is decisive — without it courts default to Sunni Hanafi, which may misalign with a Shia deceased. Kurdish Region estates require separate KRG probate.

Ready to draft?

Apply this knowledge in the Wasiyyah writer or run the inheritance numbers.