inadequate for this, then from it an from what is not taken in the optional bequeath.

Article -287- Bis B

The mandatory legacy supersede other legacies.
If the deceased did not bequeath to those who are entitled the legacy and bequeathed for
others, every person who is entitled the legacy, shall deserve the amount of his share from the
remaining of the third of the legacy if it is sufficient, otherwise from it and from what was
bequeathed to others.
ARTICLE -288
The inheritance falls due upon the actual or judicial death of AI-Mu'wareth (Legator).
ARTICLE -289
a- [t is a prerequisite fur the entitlement of the inheritance is actual or thejuditial
existence of the heir at the time ot death heritor.
b- Confinned pregnancy and its inhabitability is validated according to the condition
under anicle (330) stated herein.
ARTICLE -290
If two or more died who inherits each other, and it can not be validated which died first,
none may inherit the other whether their death is in the same accident or not.
ARTICLE -291
a- ' he estate shall be dispensed f as
V
First- To cover for burial expenses of the deceased and any others who mny
have died before him and are eligible tor hL provisions as is legitimately
possible.
Second- To pay off the deceased's debts.
Third- To (five out At-Wasiyya AI-Wajeba (the incumbent Will).
Fourth- To give ou _the voluntary Will within imposed limitation ,
Fifth- To di tribu the inheritauL'e in the order of stated h rein,
b- If there are nQ the estate shall be dispensed as follow
V
First- To give to ose eligible as acknowledged by the to be
to him on the basis of nassab.
Second- To give out in tbe wm whatever is bequeathoo in exce,,' s Qfthe
testamentary estate.
c- lfnone ofthe above exists, tbe estate, or remainder to the
Treasury.
ARTICLE -292
Inheritance shall be blocked in case of the deliberate murdering of the heritor,
irrespective of whether the murderer is the prime perpetrator or an accessory or a perjurer
whose testimony has lead to the death sentence being issued and executed on him; on
condition that the murder is unjustified and ungrounded and that the murderer is of complete
mental capacity and enjoys discretion of mental liability. Among justifications to be
considered is the legitimate right for defense.
ARTICLE -293
a- Inheritance between a Moslem and a non-Moslem is prohibited,
b- Non-Moslems may inherit each other.
c- Res:ding in di etent cO Llntri s does no _prohibit inheriu amontl Moslems,
d- Residing in different cOlmtries, tor non..Mosle_lS, does not prohibit tub: fit nte
un s such is mandated under the legislation of the lorel t\ country,
ARTICLE -294
a- AI-Murtaad (A defector, ,e. someone who has resigned his lsbln1ic filith) can not
inherit anyone.
b- The defectors ropeny, prior or following his defection, may 00 inherited by his
Moslem heirs following his death; in case of having no MO' lem his property shall
go to the Public reasury.
c- If the defector take.., the citizenship of a non..Moslel he hall held as
deceased with his property to go his Moslem heirs.
dlfthe defector re-converts 0 Islam after takin_ the cltizensh' p ofn non.. Mosl{it\\
country, he may re-daim his property Dr lett of it, with heirs or with
Public Treasury.
s
y
NC
ARTICLE -295
8 - Grounds tor an inheritance is and hereditary relationships,
b- Matrhnonial inheritance is ordained.
c- Relationship inherimnce is on ordainment or ng ntion or bm.h Of by utwine
1a: (onships.
d- Ifthe heir has two sources of inheritance, he inherits front both tiking into
consideration the proviSIOns of articli:s (301 and 326).
ARTICLE -296
An ordained inheritance is the share estimated for the heir in the estate, to begin with
those holding the ordained entitlement, being: the father, the agnate grandfather in line,
cognate brother, cognate sister, the husband, the wife, the daughters, the son's daughters in
line, full sisters, agnate sisters, the fixed cognate grandmother in li ne.
ARTICLE -297
a- Taking into consideration the provision of article (309) into eemsiderntion the futh r
is entitled to the ordained sixth if a son is found to the or {l grnnd on in line.
b- In the absence orthe father the agnate grandfather shall havo the ns h ditfited
in the above paragraph. The agnate grandfuther is the one whose from the
deceased may not be shared with a emale.
ARTICLE -298
a- The mother's children are ordained the sixth fur the only the third fur two or
both males and females are equally treated in distribution.
b-Ifthe mother's children are two or more tlnd the ordained di tribution htl ex.hausted
the th mother's <.:hildren shat share the gennane or the getmane
brothers individually I lr together with the brother's sister or and the third is
distributed on all of them as aforementioned.
ARTICLE -299
8- The husband hall the ordained half m the absence ofa son and th grnndson on
agnate and the quarte_if there IS a son or a on on the t\ line.
h- The even ifrev()cable divorced, if the husband dies during her ida'a, ortbe
shall have the ordained quarter in the absence son, and the grandson on
the agnate and the eighth if there is a son) or the grandson on the agnate line.
The woman irrevocably di vorced on the deathbed shall be regarded as a wife if she has
rejected the divorce, and the divorcing husband dies on this deathbed during her ida'a proved
her qualification for the inheritance remains valid as from the divorce date until the death
date.
ARTICLE -300
Taking the provisions of article (307) into consideration:
a- For an only daughter, sh has an ordai ed laIr, and the two or more shall have the
two thirds.
b- The son's daughters shall have the aforementioned ordained inheri.tanc in the
absence of a daughter, or a other son's daughter igher in degree,
c- For one or more, shall UlVe the sixth if there is a daughter Qr It on\ dauahtm'
in degree.
ARTICLE -3 01
Taking the provisions of articles (307) and (308) into consideration:
a- An only gennane sis er shall ordait ed half and OOt' two or more is two
thirds.
b- The half agnate shall have the ordained as afurementioned in the absente ofa.
gennane SI "ter.
e- For one Qr more shall have the sixth if there is a germane sister
ARTICLE -302
a- The m ther shall have tIl ' ordained six h ifthere is a son, or Q gmnd on on the
line, or If there is two or more brothers and sisters.
b- She gets the third in other cases; if there is only 0 _ of the spoust:S alive or
only the father, she gets the third Qfwhat remains after this slu'viviftl spouse his or
her inheritance.
c- The lxed grandmother is the mother of any of the paoonts, or the amndfatber
on he and she or the grandmothers, the sixth to be divided equally lUllOng
them, irrespective of the ki lship.
ARTICLE -303
If the portions of the ordained beneficiaries exceed the estate, it should be divided among
them proportionally to their share in the inheritance.
ARTICLE -304
a- n the absence ot any ordained benefici ry. or if there is any and their portions
not exhausted the the estate) or whatev r left thereof after di "'tributing th
ordained go to the a nation in line.
b- Agnate in line is three
V
1. Usbaa bel nafes (Personal agnation)
2 . . sbaa bel Ghayer (Consolidated Agnation)
3. shan be) Ohayer (Concomitant Agnation)
ARTICLE -305
The Personal Agnation has four directions, with each having precedence over the other
in inheritance in the following order:
1- AI-Bunn twa . he children) including sons and the grond :.on in line.
2- Al-UbbuwWa ( e parents) inc uding the father and the gmndfather in line.
3- AI-Ukhuw\va (T e brothers), inc1tding the full hnlfpaternal b:oth rs and
their children in line
4- AI-trmmumma (The paternal undes), neluding me deceased's paternal full
01' his paternal half undes his father's pa emal uncles and his agnate grandfather's
paternal uncles ' lin and the children ()fthose mentioned in ine.
ARTICLE -306
a- If the personal agnatio 1 is united with direction, the to the
is thei d o est in line 0 t le deceased
b- [fthey are united 'n diroc 'on and degree, the precedence is 0 1'\ the Stl'ength of the
kinship; whereby the full kinship from both parents 1S closer thaD the agnate kinship,
c- [fthey unite in direction" the degree and the strength, the inheritance is divided
among t em equally,
ARTICLE -307
a- The Con olidated Agnation is as follows:
V
1- Daughters with sons,
2- The son's dtmghters in line with the son's children in hne, if absolutely on
the same degree, or lower in degree ifno other inheritance is ordained.
3- Full sisters from both parents, and paternal sisters with paternal broth rs.
b- Inheritance in the above cases shall be detem1inoo on the btl ofa mnlets
equivalent to the double that of the teml: les.
ARTICLE -308
a- Concomitant Agnation is as follows:
Full si sters (from bo h parents) or from the father with daughters or th son's
daugh ers in line to get the remainder of the after distributing the ordained
succession.
b- In this ca 'e, they are considered for the rest ofthe gnates as full t 'or half
sis ers., to g t their shares by precedence in direction, degree or
ARTICLE -309
If the father or the grandfather exists with the daughter or the son's daughter in line, he
gets the ordained sixth and the rest on the basis of agnate inheritance.
ARTICLE -310
a-If the gl1lndfittber exists w'th the brothers and th fijll or paternal he is
subject to two cases:
V
1- To sha with them as if he were the brother if they are only or male
and or males on agnation with the inheriting descendants from
females.
2- To get the remaining portion after distributing the ordained portions in
agnate line if exists with the sisters not on agnation with or with the
temale line in inhent" nee.
b- However, if the sharing, 0 - th agnate inheritance, as defiie' the
grandfather the inheritance or he gets less than the he ttl\ oronlnoo htth.
c- AllY screened half agnate brothers or sisters are excluded tl'Qm the
ce
ARTICLE -311
a- Screening from Inheritance is having a qualitl00 inheritor who i nm\bl to inherit
because of having _nother leir.
b- A -Mahjoub (a "creenoo person) screens nother.
ARTICLE -312
A person denied inheritance for any limitation, can not screen any of the heirs.
ARTICLE -313
8- he fixed grandmother is screened by the mother.
b- The distant grandmother is screened by the near grnndmothl'!r,
c- The agnate grandmother r scretned by th- father.
d- The grandmother is screened by the agnate grandfather ifshe is a nex.t"-of&ki \
ARTICLE -314
The mother's children are screened by the father, and the agnate grandfather in line, and
the son's son in line.
ARTICLE -315
a- The son's daught "f is screenoo by the son, and the so's son in ifshe is lower
one degree.
b- She is also screened by the two daugh ers or the on's two daugh.ters ifbigher than
her by degree unless she is 1 agnate under article (301).
ARTICLE -316
The full sister is screened by the father and the son and the son's son in line.
ARTICLE -317
a The half agna e sister is screened by the futher and the son and the SOUlS on in lil\ ,
b- She is al 0 screened by the full brother and the full i1'io agnation with another
under the provision of article (308) and by the two full sisters in the ab ence ofl
half-agnate brother.
)
ARTICLE -318
a If the ordainoo po ions do not exhaust estate, and there are no more gnate
nassab, the remainder shall be reverted to the beneficiaries of Qrdained portions, othw.'
than the proponionally.
b- The remainder of the estate goes to one of the spouses in the absence ofan alnate
uassab 01' any of the beneficiaries of proponionate ordained portion or a uterine
next-of..kin,
(I he
ARTICLE -319
a-In the bsence of beneficiaries or the proponionate ordained or the t\inate
h or the remainder shall go to the rel.tives on the matetnal
side.
b- Relatives on the II temal side are the relatives outside bM flciaries with
proportionate ordained portioned or the agnate nru sab.
c
ARTICLE -320
Relatives on the maternal side are of four types, with precedence for some over others in
inheritance, in the following order:
First ype- The daughters' in line, and the son's daughte children in
Second Type- The maternal grandfather in line and un fi xed gnmdm.other in line.
hird Type- The cognate brothers' children in line and their children in line; and the filll
or half-sisters' children in line; and the full or half-sisters' daugh.ters in line and their
children in line; and the full Qr half agnate brothers, daughters in line find their children
in Ii e.
Fourth Type- It indud pa ies with precedence lven to itl
in the 01 owing order:
V
First- The deceased's cognate patemal uncles, his patel'nal RUl'lts,
uncles, full or half natemal aunts.
Second- The children of those mentioned in the above paragraph in the
deceased's full or agnate half paternal cuusins the'r sons' d ughters in line and
their children in line.
Third- The deceased's -.;ognat paternal undes, his paternal his
uncles and ful 0 half maternal aunts, and the rxeasoo's mother's
uncles, her paternal l er matenla1 uncles and full or h If matlZmal aunts.,
Fourth The children o ose mentioned in the above paragraph in and
the deceased's father's full or half pate al COltS'OS, and his daughte in
hne and the children 0 t , OSe mentioned in line.
Fifth- The decea."ed's father's futher's cognate paternal uncles, the deceased'
mother's father's paternal uncles, her full or halfpatemoI aunt and
uncles and aunts, and the deceased's mother's mother's paternal and his
father's mother, her full or half agnate paternal au:tts and cognate uncles and
their cognate aunts..
Sixth- The children of hose mentioned 'n the above para. mph in and the
deceased's fathe 's father's fi 11 or agnate 1 cousin and their -Oll '
daughters ill line and their l; 'ldren i line, nd so forth.
C
ARTICLE -321
a- The first type ofthe relatives on le maternal sid are entitled to the inheritanee
pending their closest in kin to the deceased, in line,
b-lfall are of the same degree, he son ofthe ordained benefidary has precience over
the relative on the maternal side and ifall are sons of the ordained or
in the absence of an ordained beneficiary, they all share the inheritance.
ARTICLE -322
a- The second type of the relatives on the matern" 1 side are entitled to the inheritance
pendin. th ir closes 'n ki I to the deceased, in line, if all are same degree,
precedence is given to the urdained beneficiary
b- lfall are of the same degree without any ordtuned or all ordained
beneficiaries, if all are agnates or cognates, they s are the inheritance) but if from
different directions, the two thirds go to th agnntes and the third to the cognates.
ARTICLE -323
a- The third type of lativ ,$ on the latemal side get their entitlem.ents to the
inheritance pending heir closest i kin to the deceased, in lin ,
b- If all are of the same egree, and some are the son of an agnate and some are tbe sons
of a relative on tbe rna emaJ side the fonner " ets precedence over the latter' otb rwise,
the most in strength in as a next-uf-kin to the deceased gets precedence over an
and who is an agnate has ove a c and ifall unit in Gnd
strength in relation they share the inheritance,
ARTICLE -324
For the first party of the fourth type stated under article (320), if the agnate group, who
are the deceased's cognate paternal uncles and his paternal aunts, or the cognate group who
are his maternal uncles and aunts, their most in strength in relation shall have precedence;
therefore, those germane has precedence over half-agnate kin and a half-agnate kin shall have
precedence over a cognate, and if all are of the same degree they share the inheritance,
When both groups unite, the two thirds go to the agnate's kin and the third to the cognate
kin to be distributed as aforementioned,
The provisions of the previous paragraphs apply on third and fifth parties.
ARTICLE -325
For the second party, those closest in relation have precedence over the furthest even if
not from the same direction, and if all are of the same degree, and a united direction, their
most in strength if the sons of an agnate, if different, the agnate son shall have precedence
over the relative on the maternal side son.
If from different directions, the two thirds go to the agnate kin, and the third to the
cognate kin to be distributed as aforementioned.
The provisions of the above two paragraphs apply on the fourth and sixth parties.
ARTICLE -326
Having mUltiple directions of kin for a relative on the maternal side heir is insignificant
except for the difference on the part of the direction.
ARTICLE -327
For relati ve on the maternal side inheritance, the male's share is equivalent to that of two
females.
(
ARTICLE -328
a- I t e deceased recog lZed he relationship to himself, this will not be inclu ive of his
heirs unless the acknowledgment fulfills respective conditiom.,
b- Ifhe recognizes the relationship another, this person shall the ifof
unknown and his 101 ship from another is not confirmed providoo the
recognizer (the person making the recognition) maintains his reooanition.
In this case AJ-Muq'qar Laht. (recognized to with relation. hip) 'hould bg alive !it
the time of death of he recognizer, or at the time ofderenninit\g hi, death ood that
are no limitations ag inst his inheritance.
c- Ifthe heirs recognize an inhe 'tor as such, but his relationship is not lceot'dina1y
confirmed, he shall share the ognizer only 'n tntitlement:, if not screened by the
recognizer, and shall not get any thing if screened.
IilCItl\"'k
ARTICLE -329
The pregnancy shall be entitl ed to the largest of the shares from the deceased's estate
presuming he is a male or a female.
ARTICLE -330
If the man died leaving a wife or a divorcee, her fetus shall not inherit him unless it is
born alive for a maximum of three hundred and sixty days as from the date of the death or the
separation.
The fetus can only inherit his father in the foll owing two cases:
'St- '0 bo 1 b ax "lU \ of ret; und nd "1X.ty lye days 'from the d te
of death or 'eparation,
It the mother is in her i ala Oil death " r divorce I d the di durinll
Second- To be bom for a maximum of two hundred and sevct
1
ty dtly" as from the dat
o d,;a ifundel' an existing wedlock until th death date.
ARTICLE -331
a- f e sum allottoo for the f1;!t s i:s I 55 than wh' t he deserv s the t :hould be
returned from whoeve ot e amount in exces:s of his OrtiOI.
b- (fthe sum allotted fo e fetus is i excess ot what he deserves thi urn should
returned to whoeve deserv s it
ARTICLE -332
a- The s ntitled to t le iss'ng from e deceased's estate hould allot 00 to hilll,
ifhe turns out alive he takes it, and 'fdetemuned dead his , hare goes to whoever
deserves it ofth heirs at the time of death ofthe
b- Ifhe turns out alive after determined dead; he takes whatever is 1 ft with the heirs
from lus share.
ARTICLE -333
Ifthe missing is determined as dead, and his heirs are enti tled to his estate, or is found
out that he is alive, he shall take the remainder of his estate, with his heirs, and may not claim
whatever is no longer kept with them.
ARTICLE -334
The androgynous, who is not determined to be a male or a female, shall be allotted for
the lowest of considerations, and whatever remains of the estate goes to the rest of the heirs.
w -Ze a Wm
ARTICLE -335
Taking the period stated in the last paragraph of article (330) into consideration, the
illegitimate child and the anonymous child shall inherit the mother and her cognate relations,
and are inherited by the mother and her cognate relations.
ARTICLE -336
a- The Dissociation means an agreement among the heirs to exclude some ofthem from
the heritage of an identified objec
b- f one heir dissociates Wlth a ot he takes his share and replaces him in the
c- Ifone heil dissociates with the rest of the heirs, if the sum pai to him from. the
hi ' share is di vided among the u and if the sum is paid from their
own money, and is not stipulated in he dissociation contract on the method for
distributing the share ofthe excluded beir, it would be ' vided proportionally a.ccomill2
lO their payments.
CO S
ARTICLE -337
The Public Prosecution should submit actions, or intervenes therein, if none of the
concerned parties does so in any matter in violation to the public order.
ARTICLE -338
The Public Order, stated in the above article, means the provisions of the Shari'aa
(Islamic Law) in the following cases:
a- .age to t e pt e aut mpornry mahl'am.
b Validating in vocable divorce.
e- Annulm nt of marriage.
d- Charity Trusts (Waqit) and ""hartty bequests.
e- Relationship actiot sand cor:recti) 1 of name".
:. Actions regardm_ .host: I compete t, aosconded and missing.
The Prosecution in all these cases shall have the same rights as that of the litigants.
ARTICLE -339
a- The Public P . hall considt:red as represented in the action upon
submitting a memorandum 0f its opinion and does not to t\J)peaf ulll ss so
deemed by the court.
b- n all cases, the Prosecntloll does not have to appeal upon the judgmt}nt.
ARTICLE -340
In all cases where the law stipulates the intervention of the Public Prosecution, the Clerk
Department at the court should noti fy the Prosecution in writing upon registering the action.
If a matter is submitted, during reviewing the action, in which the Prosecution is
intervening, it should be notified by a court order.
ARTICLE -341
The Prosecution shall be given, upon its request, a minimum of fift een days to submit its
statement as from the date of dispatching the file case to it.
The Prosecution has the right for objecting the judgment even if it has not intervened.
ARTICLE -342
Years and months included herein are calculated according to the Lunar calendar.
ARTICLE -343
Unl ess stipulated herein, any other matter should be referred to the prevailing of the
cread of Allmam Malek, otherwise, another reference may be used, and if there is no
provision exists in essence, the General Principles of the cread appl ies.
ARTICLE -344
The Concluding Provisions issued by the Personal Status Department shall be considered
as evidence before all other authorities.
ARTICLE -345
The implementation of this Law falls within the jurisdiction of the Personal Status
Department of the Grand, Appeals and Cessation Courts.
ARTICLE -346
a- Thi ' .AW applies on to the c of Allmam Mnlcl\ (Th: imam
"Scholar" Approach); othe vi e, thei own shall apply on them.
b- However, if the litigant pa ies are non-Mnslems and are of different faith or
they shall be subject to the provisions stipula .!d herein,
ARTICLE -346- (bis)
Judgements of the court in the Personal Status cases shall be issued by one judge, with
the exception of the provision of Article seven of the Decree-Law no.(23) for the year 1990
concerning the Law organising the j udiciary referred to.
ARTICLE -347
This Law shall be publi shed in the Official Gazette and shall be put into effect as from
October 1 st, 1984.
Amir of Kuwait
Jaber Al-Ahmad
Issued at the Seif Palace
On the 8th of Shawwal, 1404 A.H.
Corresponding to : 7th. July, 19 84 A.D.