Article 178 of the Saudi Personal Status Law

المادة 178 من نظام الأحوال الشخصية · الفصل الثاني: أركان الوصية وشروطها

The article provides that a will is valid in favor of anyone who may validly own the subject of the bequest, whether Muslim or non-Muslim.

Official text (Arabic)

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

تصح الوصية لمن يصح تملكه للموصى به مسلماً أو غير مسلم.

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 178 explained in plain English

This article deals with the pillar of the beneficiary and sets one standard for him: that he be someone who may validly own the subject of the bequest.

It follows that:

A will is valid in favor of a Muslim.
A will is also valid in favor of a non-Muslim.

So a difference of religion is not an obstacle to the validity of a will according to the article's text; what matters is whether the beneficiary may validly own the thing bequeathed. If the beneficiary may not validly own that thing, the standard the article sets is not met.

This article comes between two important rules:

Article 177, which regulates multiple wills and provides that a later will is not a withdrawal from the earlier one unless the testator states that he has withdrawn from it.
Article 179, which provides that there is no will in favor of an heir unless the other heirs approve it after the death, and if some of them approve it, it is carried out in their share, and that what counts in deciding whether the beneficiary is an heir is the time of the testator's death.

So the validity of a will in favor of a non-Muslim under this article does not cancel the other provisions on wills, including the rule on a will in favor of an heir. To know what applies in a particular case, it is advisable to consult a lawyer specialized in personal status matters.

Practical example

A man worked for many years with a non-Muslim colleague at a company in Dammam, and wanted to leave him a sum of money in appreciation of their long association. This will is valid under the article, because a will is valid in favor of a non-Muslim as long as he may validly own the subject of the bequest.

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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