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Digital Government Authority

Colleges

Personal Status (2)

Course Description: This course introduces students to the provisions related to guardianship, wills, inheritance, and endowments according to Islamic Sharia and the regulations issued by the Kingdom of Saudi Arabia in this regard, using a comparative approach to current practices in comparative legislation.
Credit hours: 3
Objectives of the course :

Upon completion of this course, the student will be able to:
– Knowledge of the provisions related to (guardianship, wills, inheritance, and endowments.)
The distinction between inheritance and bequests, and the calculation of shares according to Islamic jurisprudence and the legal system.
– Distinguishing between the rulings of these terms.
- Comparison between the rulings on these matters in Islamic Sharia and in other legal systems and legislation.

Course outputs :

Knowledge and understanding:
1. To understand the concept and principles of rulings related to legal capacity, guardianship, wills, inheritance, and endowments.
2. To identify the rights related to an estate in Islamic jurisprudence, Saudi jurisprudence and judiciary, and comparative law.
Skills:
1- To explain the stipulations and conditions of paternal guardianship and the stipulations and conditions of a guardian.
2- To analyze the difference between the causes, impediments, and conditions of inheritance.
3. To compare the ruling on waqf (endowment) and the ruling on a will (wasiyyah).
4. To distinguish between the rulings of heirs by fixed shares and the rulings of heirs by agnatic relation.
Values, autonomy and responsibility:
1- Use modern electronic means to divide inheritances and solve inheritance problems.
2. The student assumes responsibility in self-directed work and participates in finding constructive solutions to societal issues.
3. The student shall adhere to good morals and self-confidence, and work to serve community issues related to estates and wills. Commitment to the values of loyalty and belonging to the nation and its leadership.

Additional information:

Course Topics:
Course Introduction and Outline: Personal Status Document Requirements and Comparative Law “Introduction to the Personal Status Document and Comparative Law“ and its syllabus.
Provisions for Guardianship over Minors, the Mentally Incapacitated, and the Feeble-minded, and Provisions for Absentees and the Unaccounted For.
Provisions of Guardianship, Conditions for a Guardian, Cases of Guardianship Termination, and the Ruling on Guardianship over Minors and Trustees.
Introduction to the Will, evidence of its legitimacy, its wisdom, and its pillars.
Conditions of the Will: Conditions of the testator, the legatee, the bequeathed property, and the formulation. .
Provisions for Testamentary Decrees and Provisions for Usufructuary Bequests, and Annulments of Wills + Midterm Exam. .
Provisions of Inheritance: Definition of Inheritance, Estate, Rights Related to the Estate, and Pillars of Inheritance
Causes of inheritance, conditions of inheritance, and impediments to inheritance. Midterm exam. .
The rules for those with predetermined shares and their various cases.
Provisions of Asabah and their types.
Laws concerning relatives by blood.
Problem-solving methods.
Provisions of Waqf: Its Definition, Legitimacy, and Pillars (Conditions of Waqf), Formula, Endower, Beneficiary, Endowed Property, and Provisions of the Waqf Administrator.
Practical applications in how to solve inheritance problems and a general review of the course.

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