Article 238 of the Saudi Law of Sharia Procedure

المادة 238 من نظام المرافعات الشرعية · الباب الثالث عشر: الإنهاءات

The article requires the judge to investigate himself if he finds the investigation results insufficient, then issue an instrument of death, if proven, determining the heirs with their particulars.

Official text (Arabic)

This article has not been amended since the law was issued.

إذا رأى القاضي أن نتائج التحري غير كافية، فعليه أن يحقق في الموضوع بنفسه، وبعد استكمال الإجراءات عليه إصدار صك بالوفاة إن ثبتت ويحصر فيه الوارثين مع بيان أسمائهم وصفاتهم، وتاريخ ولادتهم طبقًا للأصول الشرعية.

This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers

Article 238 explained in plain English

This article completes the procedures for proving a death and determining the heirs, and it covers two matters:

The judge's own investigation: If the judge considers the investigation results insufficient, he must investigate the matter himself. The investigation meant is what Article 237 allows the court to do: ask for publication in newspapers and ask the administrative governor to investigate. The article does not allow the instrument to be issued on the strength of an incomplete investigation.
Issuing the instrument: After the procedures are completed, the judge must issue an instrument of death, if the death is proven, determining in it the heirs with a statement of their names, descriptions and dates of birth, in accordance with Sharia principles.

Note that issuing the instrument is conditional on the death being proven; if it is not proven, no instrument is issued for it. Also, the instrument does not stop at mentioning the death: it contains the particulars of the heirs themselves, namely their names, descriptions and dates of birth.

After the instrument is issued in this way, Article 239 provides that it is evidence unless a judgment contrary to it is issued. Anyone with an observation on the heirs' particulars, or a delay in issuing the instrument, can consult a lawyer specialized in personal status matters.

Practical example

In a request to determine the heirs of a man who died in Abha, the investigation results were incomplete about the number of his children. The judge investigated the matter himself, and after completing the procedures he issued an instrument of death determining the heirs by their names, descriptions and dates of birth.

Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.

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