Real Estate & Succession Disputes

Muslim inheritance in Jordan is governed by the Personal Status Law No. 15 of 2019 under the exclusive jurisdiction of the Sharia Courts. Fixed Quranic shares (fara'id) apply, with a widow receiving 1/4 if no children or 1/8 with children, a sole daughter receiving 1/2, and male heirs generally receiving double the corresponding female share. A will (wasiyya) may not exceed one-third of the estate.

Yes. Any co-owner may file a removal-of-co-ownership action (da'wa izalat al-shuyou') before the Land and Survey Department. The court may order partition in kind or, if the property is indivisible, sale by public auction. Under the Real Estate Ownership Law No. 13 of 2019, co-owners holding 75% or more of shares may dispose of the entire property, subject to conditions.

Under Articles 318-319 of the Personal Status Law, a waiting period must elapse between the death and any takharuj (relinquishment) of the estate, the length of which is set by the instructions issued by the Chief Islamic Justice (Qadi al-Qudah). During this period, heirs obtain the Certificate of Heirs (hasr al-irth) from the competent Sharia Court and the estate's debts and valid wills are settled before distribution.

No. A will (wasiyya) in Jordan may not exceed one-third of the estate and may not benefit an heir entitled to a fixed Quranic share, unless the other heirs consent after the testator's death. The obligatory will (wasiyya wajiba) under Article 279 of the Personal Status Law takes precedence over voluntary wills, notably in favour of grandchildren of a predeceased son.

Contested inheritance matters are resolved before the Sharia Court where the deceased was last resident. The court has exclusive jurisdiction over Muslim succession, including disputes over shares, wills, and obligatory wills. For the transfer of inherited real estate, proceedings continue before the Land and Survey Department. Coerced waivers of inheritance shares are not enforceable under Articles 141-142 of the Civil Code.