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Inheritance & wills in Palestine

Personal Status Law 61/1976 (West Bank, based on Jordanian Law) and Family Rights Law 303/1954 (Gaza, based on Egyptian Law) both apply Sunni Hanafi faraid. Wajib Wasiyyah recognised for orphaned grandchildren.

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 Palestineand a scholar familiar with your madhhab.

How inheritance works

Personal Status Law 61/1976 (West Bank, based on Jordanian Law) and Family Rights Law 303/1954 (Gaza, based on Egyptian Law) both apply Sunni Hanafi faraid. Wajib Wasiyyah recognised for orphaned grandchildren.

What makes a will valid

Wasiyyah ≤ 1/3, in writing, witnessed by 2 adult Muslim witnesses; registration at Sharia Court recommended. Handwritten wills accepted with 2 witnesses.

Registration & where to lodge

Sharia Court (محكمة شرعية) under the Palestinian Sharia Judiciary Council. Inheritance deed حصر الإرث issued there.

Witness rules

2 adult Muslim witnesses of ‘adala; civil-registry marriage required.

Zakat in Palestine

Collecting authority
Zakat Committees (Lijān al-Zakāt) under the Ministry of Awqaf
Tax relief
Donations to registered zakat committees deductible under PA Income Tax Law 8/2011
Maximum relief
20 % of declared income
Notes
Voluntary; West Bank and Gaza operate parallel committees coordinated by the central Awqaf Ministry.

Forced heirship & statutory overrides

Faraid + statutory Wajib Wasiyyah for orphaned grandchildren, capped at 1/3.

Probate / execution after death

Sharia Court issues حصر الإرث; the PA Land Authority and banks follow. Israeli-administered areas (Area C, Jerusalem) require parallel Israeli civil probate.

Scholar notes

Hanafi default; Dar al-Iftāʾ al-Filasṭīniyyah issues fatwa references. Grand Mufti of Jerusalem issues formal opinions.

Common pitfalls

  • Cross-Jordan-River property; Israeli-administered areas require separate civil paths.
  • Refugee-camp UNRWA registration may affect eligibility documentation.

Official authorities & registries

FAQ — Islamic will & inheritance in Palestine

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

    Personal Status Law 61/1976 (West Bank, based on Jordanian Law) and Family Rights Law 303/1954 (Gaza, based on Egyptian Law) both apply Sunni Hanafi faraid. Wajib Wasiyyah recognised for orphaned grandchildren.

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

    Wasiyyah ≤ 1/3, in writing, witnessed by 2 adult Muslim witnesses; registration at Sharia Court recommended. Handwritten wills accepted with 2 witnesses.

  • Where do I register my will in Palestine?

    Sharia Court (محكمة شرعية) under the Palestinian Sharia Judiciary Council. Inheritance deed حصر الإرث issued there.

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

    Faraid + statutory Wajib Wasiyyah for orphaned grandchildren, capped at 1/3.

  • How does probate work in Palestine?

    Sharia Court issues حصر الإرث; the PA Land Authority and banks follow. Israeli-administered areas (Area C, Jerusalem) require parallel Israeli civil probate.

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

    2 adult Muslim witnesses of ‘adala; civil-registry marriage required.

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

    Cross-Jordan-River property; Israeli-administered areas require separate civil paths. Refugee-camp UNRWA registration may affect eligibility documentation.

Ready to draft?

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