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).
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.
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).
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.
Notary Office (دائرة الكاتب العدل) under the Ministry of Justice. Personal Status Court (محكمة الأحوال الشخصية) issues إعلام الوراثة.
2 adult Muslim witnesses; civil marriage registration (‘aqd) required for spouse to inherit.
Faraid (madhhab-specific — Sunni Hanafi is the statutory default absent madhhab declaration; Jaʿfari applied on request for Shia).
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.
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.
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.
Apply this knowledge in the Wasiyyah writer or run the inheritance numbers.