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Inheritance & wills in Comoros

Family Code (Loi 05-008/AU of 2005) applies Shafiʿi faraid for Muslim citizens (99% of the population); the state officially recognises Shafiʿi jurisprudence as the source of personal-status law.

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 Comorosand a scholar familiar with your madhhab.

How inheritance works

Family Code (Loi 05-008/AU of 2005) applies Shafiʿi faraid for Muslim citizens (99% of the population); the state officially recognises Shafiʿi jurisprudence as the source of personal-status law.

What makes a will valid

Wasiyyah ≤ 1/3 in writing before 2 adult Muslim witnesses or a notaire; testator must be sane and of legal age (18+). Handwritten wills accepted if signed + witnessed.

Registration & where to lodge

Notaire (Chambre des notaires); the Tribunal de cadi (Islamic court) or Tribunal du statut personnel issues the certificate of inheritance (إراثة).

Witness rules

2 adult Muslim male witnesses (or 1 male + 2 female under Shafiʿi rules); witnesses must be non-beneficiaries of established integrity.

Zakat in Comoros

Collecting authority
Mufti of the Comoros + Ministry of Justice and Islamic Affairs
Tax relief
Donations to assoc reconnues deductible under CGI
Maximum relief
5 % of taxable income
Notes
Voluntary; Shafiʿi-aligned distribution priorities.

Forced heirship & statutory overrides

Faraid — classical Shafiʿi shares applied directly; no civil override for Muslim citizens.

Probate / execution after death

Tribunal de cadi issues the inheritance deed; contested cases go to the Cour Suprême. Banks and the Cadastre follow.

Scholar notes

Shafiʿi default; the Grand Mufti of Comoros and the Council of Ulema issue binding fatwa references.

Common pitfalls

  • Customary "magnahuli" (matrilineal) land tenure complicates real-estate inheritance in Ngazidja — consult cadi early.
  • Cross-island (Mayotte) family assets fall under French jurisdiction.

Official authorities & registries

FAQ — Islamic will & inheritance in Comoros

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

    Family Code (Loi 05-008/AU of 2005) applies Shafiʿi faraid for Muslim citizens (99% of the population); the state officially recognises Shafiʿi jurisprudence as the source of personal-status law.

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

    Wasiyyah ≤ 1/3 in writing before 2 adult Muslim witnesses or a notaire; testator must be sane and of legal age (18+). Handwritten wills accepted if signed + witnessed.

  • Where do I register my will in Comoros?

    Notaire (Chambre des notaires); the Tribunal de cadi (Islamic court) or Tribunal du statut personnel issues the certificate of inheritance (إراثة).

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

    Faraid — classical Shafiʿi shares applied directly; no civil override for Muslim citizens.

  • How does probate work in Comoros?

    Tribunal de cadi issues the inheritance deed; contested cases go to the Cour Suprême. Banks and the Cadastre follow.

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

    2 adult Muslim male witnesses (or 1 male + 2 female under Shafiʿi rules); witnesses must be non-beneficiaries of established integrity.

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

    Customary "magnahuli" (matrilineal) land tenure complicates real-estate inheritance in Ngazidja — consult cadi early. Cross-island (Mayotte) family assets fall under French jurisdiction.

Ready to draft?

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