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SJC President to QNA: No Filed Lawsuits Since Implementing Law on Procedures for Dividing Inheritances

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Doha, October 08 (QNA) - HE President of the Supreme Judiciary Council (SJC) and President of the Court of Cassation Dr. Hassan bin Lahdan Al Mohannadi emphasized that that law No. (4) of 2023 on the procedures for dividing inheritances has achieved positive results that exceeded expectations with regard to the speed of settling family disputes related to inheritances, noting that no lawsuit has been filed before the competent court since the law came into effect more than a year ago.

In special remarks to Qatar News Agency (QNA), His Excellency said that the SJC worked to complete the estate division cases that the courts were hearing before the law was issued, as 99 percent of the cases were settled during the judicial season that ended on Aug. 31. Only a small number of inheritance cases remain at the level of the Court of Appeal, and it is expected that they will be settled finally and that rulings will be issued on them before the end of this year.

His Excellency considered that the law on procedures for dividing inheritances is one of the most important laws introduced into the judicial system within the plan of the national initiative to develop justice systems, which enjoys great support from the wise leadership of the State of Qatar. It represents a qualitative shift in the procedures for dividing inheritances following the provisions and teachings of Islamic Sharia at the local and Arab levels to protect the bonds of family relations among heirs and to ensure the continuity of friendship and solidarity among heirs after the loss of one of their members.

His Excellency added that the procedures of the law are in line with the situation of Qatari society, and indirectly work to relieve the embarrassment of all family members, as it was previously necessary for one of the heirs to file a lawsuit to divide the estate even if they agreed. The new law obliges the heirs to submit a request to divide the inheritance within a month of registering the death or starting the procedures by the family documentation judge, which supports the process of settling the inheritance during the judicial season in a satisfactory and friendly manner and high acceptance by the heirs, which achieves positive results at the community level and speeds up the absolution of the deceased.

HE the President of the SJC and President of the Court of Cassation indicated that the positive results achieved by implementing the law supported the SJC's developmental orientations to develop plans and mechanisms to enhance the procedures for inventorying heirs and dividing inheritances to address old inheritances before the law was issued. He noted that the SJC is working intensively with all concerned parties to accelerate the inventorying of inheritances by advancing the wheel of government integration through electronic systems.

HE Dr. Hassan bin Lahdan Al Mohannadi added that the SJC is currently implementing major projects to complete all integrated procedures with the competent authorities through electronic systems, as the current plan includes developing linkage mechanisms to serve inheritances procedures and at the same time implementing judgments, especially after the issuance of Law No. (4) of 2024 issuing the Judicial Enforcement Law.

His Excellency stressed that after the great positive results from the implementation of the law on the procedures for dividing inheritances, a new headquarters was opened to provide family and inheritances documentation services in Hazm Al Markhiya, with the latest equipment that meets the needs of community members. Halls were also prepared specifically for holding meetings between the heirs and the judge within a suitable work environment that is compatible with the nature of the existing procedure and preserves the privacy of the heirs.

His Excellency noted the efforts of the SJC to activate remote video communication procedures through the family documentation system to facilitate the heirs and members of society regarding the completion of some procedures that require attendance before the competent judge through various technological means that facilitate the completion of requirements for reviewers.

HE Dr. Hassan bin Lahdan Al Mohannadi pointed to the development of family documentation procedures, the introduction of many updates, and the reorganization of the names of the documents issued in this regard, in addition to the cancellation of a number of previous services that were replaced by electronic linking operations.

His Excellency emphasized that enhancing cooperation with the relevant authorities aims to develop the services provided by the family documentation department, in line with current developments and serving the requirements of society and government agencies, as the names and purposes of using certificates have been corrected, in addition to reorganizing the issuance of statistical reports linked to statistical indicators, and coordinating with the relevant authorities in the country regarding the method of producing information and reading indicators correctly.

Concluding his statements to QNA, HE President of the SJC and President of the Court of Cassation Dr. Hassan bin Lahdan Al Mohannadi voiced his aspiration to achieve additional and positive accomplishments in the judicial season that recently began, in a way that serves the needs of society and supports the achievement of prompt justice.

For his part, head of the family documentation department at the Family Court Judge Dr. Khalid Mohammed Al Roumi said that since the implementation of law No. (4) of 2023 on the procedures for dividing inheritances in June 2023 up until the end of August 2024, more than 720 inheritance cases have been amicably resolved among heirs, with the agreement of all parties and without any judicial disputes, which demonstrates the law's success in addressing all issues amicably.

The head of the family documentation department told Qatar News Agency (QNA) that as a result of the new law prioritizing amicable resolutions, in some instances, all heirs received their full rights regarding funds and property ownership amicably in a single session, with the issuing of division and distribution documents among family members upon the approval of all parties.

He attributed the fact that the law has had a 100 percent success rate of settling inheritance cases amicably during the first year of its implementation to the law's procedural provisions that are in accordance with Islamic law, achieving ideal judicial practices that align with the nature of the country's judicial system and the legislative approach in place.

Judge Dr. Al Roumi said that the law's success in turn means the success of the Supreme Judiciary Council in achieving its objectives, which include facilitating litigation procedures, speeding up inheritance division, and avoiding legal, social, and economic issues arising from delays in inheritance settlement.

He pointed out that the activation of the law and its implementation has been supported by new mechanisms for managing family documentation that comply with Islamic law, along with providing a specialized judicial staff in inheritance matters to adjudicate issues according to precise standards that ensure the achievement of expedited justice. Additionally, it is supported by electronic systems specific to the stages of implementation, as well as organizing coordination channels with the Qatar Central Bank, banks, and relevant entities in inheritance division to ensure the law is applied within its timeframe.

The head of the family documentation department stressed the judicial staff's commitment to processing requests to avoid legal, social, and economic issues resulting from delays in inheritance distribution, as well as documenting family ties.

Judge Dr. Al Roumi said that before the implementation of the law, inheritance matters were previously dealt with via lawsuits, however, now they are dealt with via requests made in the context of achieve social protection, family cohesion, safeguarding the rights of minors, and settling the deceaseds debts.

He added that the Supreme Judiciary Council introduced this law for it to be a model and a practical example for the application of Islamic law in inheritance settlement and the execution of related wills, highlighting that expedited justice is at the essence of this law, which is why it set one month from the date of death as a timeframe for settling inheritance division.

Judge Dr. Al Roumi underscored the family documentation department's efforts in raising societal awareness about this law and the procedures to be taken upon the death of a family member, with the goal of supporting social and family cohesion.

Head of the family documentation department at the Family Court Judge Dr. Khalid Mohammed Al Roumi stressed the department's keenness to provide many facilities to expedite the procedures for settling and dividing inheritances, noting that the department has provided electronic services through the courts' application, and through the courts' electronic portal, in addition to electronic services related to the procedures for dividing inheritances, and is currently working on expanding the procedures for implementing estate distribution sessions to be done virtually, using video communication applications via the family documentation system.

In his statements to Qatar News Agency (QNA), head of the family documentation department noted the coordination with the competent authorities in the country to organize the procedures for exchanging data and information related to estates electronically, pointing to the introduction of updates to enhance the connection with the competent authorities to automate all procedures, ensuring accuracy, correctness, comprehensiveness and speed of implementation with high quality that guarantees prompt justice.

Judge Dr. Khalid Al Roumi highlighted some provisions of Law No. (4) of 2023 regarding the procedures for dividing inheritances, indicating that the law stipulates dividing the estate among the heirs according to their legal shares, by consent or by court order through the administration. He also introduced a new procedure by appointing a commissioner for the estate from among the heirs to manage its funds and preserve them until they are divided and distributed. This is to avoid loss in the event that the management of projects or real estate stops until the division process is completed.

He explained that in the event of a disagreement between the heirs, the law assigns the General Authority for Minors' Affairs (GAMA) with the task, as the Authority undertakes to list and inventory the estate immediately upon notification of the death, and to inquire about the deceased's funds inside and outside the country and deposit them in the estate account approved by the Authority. The law also stipulates that the debts of the deceased be paid and wills and endowments be implemented under the supervision of the judge, and before distributing the estate, in accordance with the provisions of Islamic Sharia.

The law also requires the heirs to initiate the procedures for inventorying the heirs and dividing the estate within a month of death, and to submit a request to obtain a certificate of inventory of the estate within 30 days from the date of registration of the death. If the heirs do not submit a request for the certificate within the specified period, the judge has the right to take measures to identify the heirs and oblige them or one of them to appear before him with witnesses to issue this certificate.

Dr. Al Roumi confirmed, in his statements to QNA that Law No. (4) of 2023 regarding the procedures for dividing inheritances obliges medical authorities to inform the family documentation department at the Supreme Judiciary Council and the General Authority for Minors' Affairs of deaths inside and outside the country in cases of travel or residence abroad within 7 days from the date of registration of the death.

Regarding estates outside the country, Judge Dr. Khalid Mohammed Al Roumi explained that the family documentation department has worked in coordination with GAMA during the past period to process and settle estates outside the country, noting that the law has granted it the right to take the necessary measures to inventory and bring estate funds to its account, with the aim of providing the greatest possible guarantees for the rights of the heirs and ensuring the speed of its implementation, while obligating governmental and non-governmental agencies, heirs and interested parties inside and outside the country to provide the Authority with the data and information necessary to inventory the estate within 7 days from the date of their announcement by the national address or any means that serves knowledge.

Dr. Khalid Mohammed Al Roumi concluded his statements to QNA by stressing that the Law on the procedures for dividing inheritances is unparalleled in the region, as it contributes to achieving prompt justice and reducing litigation procedures, in addition to its important role in achieving social protection and preserving the rights of minors, preserving their legitimate and legal rights in estates, as well as strengthening the bonds of family relations among heirs.

(QNA)


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