What Are the Legal Requirements for Residents in Iran?

Question from مجید فراهاین, What Are the Legal Requirements for Residents in Iran?

Answer from AI:

Overview of Inheritance Law in the Islamic Republic of Iran

Iran’s inheritance system is rooted in Islamic jurisprudence (Sharia) and is codified in the Civil Code of Iran (particularly Articles 893‑931). The code translates Quranic directives and the traditions of the Prophet Muhammad (Hadith) into statutory rules that apply to all Iranian citizens, regardless of religious affiliation, although non‑Muslim minorities may have limited alternative provisions under personal status laws.

Core Principles

• Blood‑relationship hierarchy – Heirs are grouped according to their closeness to the deceased (the “nasab” system).
• Fixed shares (Ashab‑al‑Furud) – Certain relatives receive a predetermined portion of the estate, regardless of the presence of other heirs.
• Residuary shares (Ashab‑al‑Urud) – Remaining heirs inherit the balance after fixed shares are allocated.
• Gender‑based allocation – Sons generally receive twice the share of daughters, reflecting the Quranic ratio of 2:1 for children.

These principles aim to balance the rights of spouses, descendants, ascendants, and collateral relatives while preserving family solidarity.

Typical Share Distribution

Heir Category	Typical Share (if present)
Spouse (husband)	¼ of estate if no children; ⅛ if children exist
Spouse (wife)	¼ of estate if no children; ⅛ if children exist
Sons	Receive a share equal to twice that of each daughter
Daughters	Receive half the share of a son
Parents	⅙ each if the deceased leaves children; otherwise ¼ each (or ⅓ if only one parent survives)
Grandparents	Share only when parents are absent, generally ¼ each
Full siblings	Share the remainder after fixed portions are assigned; brothers receive twice the share of sisters

If multiple heirs of the same class exist, the fixed portion is divided equally among them (e.g., two daughters share the ⅓ portion allotted to daughters).

Special Situations

1. Bequests (Wasiyyah) – A testator may allocate up to one‑third of the estate to non‑heirs or charitable causes, provided it does not infringe on the fixed shares of compulsory heirs.
2. Gifts (Hiba) made during lifetime – Valid if the donor retains the capacity to revoke and the gift does not prejudice the compulsory heirs’ portions.
3. Debts and funeral expenses – Must be settled before any distribution; these obligations reduce the net estate.
4. Adoptive children – Under Iranian law, adopted children are not considered heirs unless a specific bequest is made.

Relevant Legal Sources

• Civil Code of Iran, Articles 893‑931 – the primary statutory source for inheritance rules.
• Quranic verses (e.g., Surah An‑Nisa 4:11‑12) – form the religious basis for the share calculations.
• Supreme Court rulings – such as Shahriari v. Shahriari (1998) which clarified the application of the 2:1 male‑female ratio in modern contexts.

For the full text of the Civil Code, see the Iranian Ministry of Justice portal (search “Civil Code Articles 893‑931”).

Practical Steps for an Iranian Estate

1. Identify all compulsory heirs – spouses, children, parents, and, where applicable, grandparents.
2. Calculate the net estate – subtract debts, funeral costs, and any valid lifetime gifts.
3. Apply fixed‑share formulas – allocate portions to Ashab‑al‑Furud first.
4. Distribute the remainder – among Ashab‑al‑Urud according to the prescribed ratios.
5. Document any bequests – ensure they do not exceed the one‑third limit and are recorded in a notarized will.

When to Seek Professional Help

Because inheritance calculations can become intricate—especially when multiple classes of heirs coexist, or when there are significant assets, overseas property, or disputes—consulting a licensed Iranian attorney specializing in family and inheritance law is advisable. A qualified lawyer can verify compliance with both statutory and religious requirements, draft a valid will, and represent parties in any potential court proceedings.

Note: This overview provides general information and does not constitute personalized legal advice. For specific circumstances, contact a qualified legal professional in Iran.