Personal Status Laws
Inheritance
Inheritance is the most complex aspect of Muslim family law. The classical Qur'anic rules of inheritance retain their authority in Sudanese law and, accordingly, Muslims are forbidden to disinherit their heirs. While the following discussion provides a basic overview of inheritance laws, any specific inquiries should be referred to a Sudanese lawyer.
Sudanese law does not distinguish between movable and immovable property. Thus, inheritable property includes real assets as well as lease, patent and other intangible rights. The deceased's estate is distributed in a specific order (S. 345(A)). Funeral costs are the first deduction, followed by the payment of outstanding debts (S. 345(B)). If the estate's balance is insufficient to cover all debts, creditors receive amounts proportionate to the individual sums owed by the deceased. Legacies, the third deduction from the estate, must not exceed one-third of the residual balance (345(C)). Finally, the remainder is divided among the heirs according to the Qur'anic model (345(D)). If no such heirs exist, the estate reverts to the national treasury.
Several important points guide Islamic inheritance rules:
- A Muslim has the right to make a will comprising up to one-third of his assets after funeral costs and outstanding debts are settled. The other two-thirds must be divided according to the Qur'anic model. To be valid, a will must be notarized.
- Inheritance laws apply to all Sudanese of all religions but heirs must profess the same religion as the deceased. A non-Muslim widow, therefore, cannot inherit from her Muslim husband except as a legatee in his will. (S. 351)
- Male heirs receive twice the share of females with the same relation to the deceased. This stipulation is based on the assumption that men must support their female relatives if the need arises. Furthermore, because a woman becomes part of her husband's family, male control over a larger portion of the estate ensures that its bulk will remain within the family of the deceased.
- If the sum total of the bequeathments exceeds the value of the estate, each share is reduced proportionately. Similarly, the individual allotments are increased if they do not consume the entire estate.
The three classes of heirs - sharers, residuary and distant kindred - are divided according to their relationships to the deceased. The sharers, who include the closest relatives, are each entitled to a fixed amount of the inheritance. Paternal relations always supercede their maternal counterparts. A basic outline of apportionment among the sharers is provided below.
Husband The husband of the deceased takes one half of the estate. If the deceased has a child or her son has a child, the husband is allotted one-fourth (S. 356)
Wife A widow or several widows collectively receive one-fourth of the estate. If there are children or grandchildren, the widow then takes one-eighth (s. 357).
Son Sons collectively take one-half of the inheritance.
Daughter If there are no sons, a daughter receives one-half of the estate and two or more daughters receive two-thirds. Otherwise, they take one-half of their brother's allotment (S. 351)
Daughter of a Son A son's daughter receives the same allotment as a daughter (see above) but does not receive a share if the deceased has any living children or granddaughters from an older son. However, if only one daughter or higher son's daughter exists, she receives one-sixth.
Father The deceased's father takes one-sixth if a child or son's child exists. Otherwise, he inherits as a residuary (S. 360)(also see below).
Mother The mother inherits one-sixth when a child, son's child, or more than one sibling survives the deceased. Barring these circumstances, the mother receives one-third of the estate. (S. 361)
Grandfather The grandfather receives one-sixth of the estate although he is entirely excluded by the deceased's father or paternal grandfather. Sudanese law specifically stipulates that the deceased's living siblings cannot exclude him. (S. 375)
Grandmother The deceased's grandmother, whether paternal or maternal, receives one-sixth of the estate but is excluded by the deceased's mother. A paternal grandmother is entirely excluded by the deceased's father or paternal grandfather. (S. 371)
Full Sister A sister is entitled to one-half of the estate and two or more sisters receive two-thirds collectively. The deceased's children, filial grandchildren and father exclude sisters. If a brother also survives the deceased, the sister receives one-half of his share. (S. 367)
Consanguine Sister Like a full sister, a single consanguine sister (paternal half-sister) takes one-half while several receive two-thirds of the estate. A consanguine sister is entirely excluded by a son, grandson, father, paternal grandfather, full brother or more than one full sister. If only one full sister exists, the consanguine sister or sisters take one-sixth collectively.
Uterine Sibling A single uterine sibling (maternal half-sibling) receives one-sixth of the estate. If other siblings exist, they share one-third collectively. The uterine sibling is entirely excluded by a child, grandchild, father or paternal grandfather.
The second class of heirs, the residuaries, inherits the remainder of the estate after the sharers have received their allotments. The residuaries take the entire estate in the absence of living sharers.
In distributing the residuaries' allotments, an order of priority is applied. Agnates, those related to the deceased through male links only, take precedence. Male agnates receive their shares first. Females with the same relationship to the deceased as a male agnate are called co-residuaries. A female co-residuary is granted one-half of the sum allotted to her male counterpart. Female relatives with no agnate links to the deceased are considered last in the order of priority.
Distant kindred, the third class of heirs, inherit only if there are no living sharers or residuaries.
The above discussion aims to provide a basic understanding of Sudanese family law but is by no means exhaustive. Americans who require further clarification or are involved in family law proceedings should seek legal counsel in Sudan. To that end, the American Embassy in Khartoum has compiled a list of Sudanese attorneys. The Sudanese Embassy in Washington D.C. and Consulate General in New York also may provide information on personal status provisions in Sudan.