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Document Seventy-Two Redistribution Of An Estate After Issuance Of A Sharʿī Succession Order (1958)

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Chapter Summary

This document describes a case of an out-of-court division of an estate after a succession order has been issued by the Sharīʿa Court of Bethlehem. The order pronounces the sharʿī rights of the following legal heirs: The deceased's widow (Maryam), his paternal sister (Jamīla), and his two paternal first cousins (Sulaymān and ʿAbd Allāh), all of them residents of Bethlehem. The case demonstrates that daily practice out of court is stronger than the sharīʿa; a sharʿī order of succession does not in itself guarantee its implementation. In this context it is noteworthy that no tribal sureties are enlisted to ensure the implementation of the agreement; the parties prefer to resort to the statutory guarantor, anchored in the Mejelle, and to the state civil law applicable in the civil court.

Keywords: Bethlehem; civil court; intestate succession order; Mejelle; state civil law

10.1163/ej.9789004201323.i-582.236
/content/books/10.1163/ej.9789004201323.i-582.236
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