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Which court issues the hasr irth in Lebanon: the Sharia court or the civil court?

7 min read9 sourcesReviewed by Tatyana Alwan, lawyer, 18 Oct 2026
On this page
  1. Key facts
  2. Why the community decides the court
  3. Non-Muslim estates: the civil first-instance court
  4. Muslim and Druze estates: where the sources disagree
  5. What the court needs from you
  6. How to find the right court and get the decision
  7. It depends on
  8. Common questions
  9. Sources

Short answer

It depends on the deceased's religious community[1,2]. For non-Muslims, PBL says a single judge of the first-instance court of the last residence[2,3] issues it. For Muslims and Druze the sources conflict: Kallas names the Sunni and Jaafari Sharia courts and the Druze courts, PBL a religious court, and Mattar only the civil first-instance courts[1,2,3]. Confirm with the court registry or a lawyer.

Also asked as: “Where do I get a hasr irth in Lebanon?” · “Sharia court or civil court for inheritance in Lebanon” · “Which court issues the probate decision in Lebanon?”

The law firms we read disagree on the court for Muslim and Druze estates, and we have not read the statute itself[1,2,3]. This page covers what was published up to 17 October 2026.

Key facts

What it is
the Probate Decision (qarar hasr al-irth)[1,2,4], a court decision naming the heirs and their shares
What decides the court
The deceased's religious community[1,2]
Non-Muslim estates
a single judge of the first-instance court of the last residence[2,3], according to PBL
Muslim and Druze estates
A religious court according to Kallas and PBL; the civil first-instance courts according to Mattar[1,2,3]
Law for non-Muslims
the Law of 23 June 1959[1,2,5]
Order of steps
declaration first, then the Probate Decision[1,4]
Cost and duration
Not published by any source we read[1,2,4]

Why the community decides the court

Lebanon has no single civil code of inheritance. Succession follows the religious community of the deceased: Islamic law for Muslims, a civil statute for non-Muslims[1,2]. PBL says Lebanon recognises 18 religious communities, and that a person's affiliation decides both the inheritance law and the court. For Christians of all denominations and for Jews, the law is the Law of 23 June 1959[1,2,5].

No source we read covers mixed-sect families, conversions or civil marriages abroad[1,2]. If any of these apply to your family, talk to a lawyer before you file anything. The rules themselves are in which inheritance law applies to your family.

The hasr irth matters because nothing in the estate can be moved into the heirs' names until it exists: no land, no flat, no bank account[1,2,4]. Here is what a hasr irth is and how to get one.

Non-Muslim estates: the civil first-instance court

According to PBL, where no religious court has jurisdiction, the hasr irth is a judgment issued by a single judge of the first-instance court of the last residence[2,3], meaning the deceased's last civil residence. Mattar agrees that the first-instance civil courts are competent. Mattar also says the estate opens at the deceased's last domicile[3], wherever the property is, though it does not say which law it is citing.

For a non-Muslim estate, then, the court is picked by where the deceased last lived, even if the land is in another district[2,3]. The property is transferred later, at the Land Registry office of the property's location[2,4]. How the shares are split is in how an estate is divided under the law for non-Muslims.

Muslim and Druze estates: where the sources disagree

Kallas says Muslim estates go to the Sunni and Jaafari Sharia courts, and Druze estates to the Druze courts. PBL says a religious court conducts the proceedings where personal status falls under one. Mattar says only that the first-instance civil courts are competent for inheritance, without distinguishing by community, and may mean civil-law estates only[1,2,3].

Two further points lean towards the religious court. PBL says that for real estate registration, the probate comes from a religious court for Muslims and a civil court for non-Muslims[2,3]. And in a Norwegian Refugee Council test case in Beirut, completed in 2015, a Sunni Sharia court decision determined the heirs[6]. NRC says that result is specific to Beirut and a Sunni Sharia court, and nothing we read shows how Druze courts handle this in practice. Ask the registry of the religious court of the deceased's community, or a lawyer.

What the court needs from you

The preliminary estate declaration to the Ministry of Finance comes first, because the licence it produces is one of the documents the court asks for[1,4]. It is due within 90 days of the death[4,7,8]. Kallas lists five documents for the Probate Decision and PBL gives a different list, so confirm the exact list with the court registry[1,2,4]. The details are in documents for the hasr irth.

If you live abroad, Kallas says documents executed abroad, such as a death certificate, generally pass through the Lebanese embassy or consulate and then the Ministry of Foreign Affairs before they can be used in Lebanon[1,9]. The mission pages we read stop at consular legalisation, so ask the office that will use the document whether the ministry step is needed. According to Kallas, heirs who cannot travel can act through a power of attorney covering every step from the declaration to the transfer, but selling a property needs an express special power of attorney, not a general one[1]. See acting for an heir who lives abroad.

How to find the right court and get the decision

  1. Establish the deceased's community. It decides both the law and the court[1,2]. If the family is mixed, someone converted, or the marriage was a civil one abroad, ask a lawyer first, because no source covers these cases.
  2. File the preliminary estate declaration. The heirs submit it to the competent financial department of the Ministry of Finance within 90 days of the death[4,7,8]. If the heirs were abroad at the death, Kallas says the department may extend the deadline by up to one year[1,4], only on request and at its discretion. Kallas also says deaths abroad are handled by the Beirut transfer-fee department.
  3. Call or visit the registry of the court you think is competent. For a non-Muslim, PBL says that is the first-instance court of the deceased's last civil residence[2,3]. For a Muslim or Druze, start with the religious court of the community, though Mattar names the civil first-instance courts[1,2,3]. Ask whether it handles this estate, which documents it wants, what it charges and how long it usually takes.
  4. Gather the documents. Kallas lists the death certificate, the deceased's family extract with the name struck off, the heirs' family extracts, the mukhtar's statement of heirs and the Ministry of Finance declaration licence; PBL's list differs[1,2,4]. Keep copies of everything you hand over.
  5. Use the decision at the Land Registry. The heirs present an enforceable copy of the Probate Decision, the Ministry of Finance clearance, the title deeds and a notarised transfer deed at the Land Registry office of the property's location[2,4]. The full process is in transferring inherited property into the heirs' names.

It depends on

  • The deceased's community. Muslim and Druze estates go to a religious court according to Kallas and PBL; Mattar names only the civil first-instance courts[1,2,3]. Non-Muslim estates go to a civil first-instance judge, per PBL[2,3]. The court registry or a lawyer confirms which applies.
  • Where the deceased last lived. For non-Muslims, PBL ties the court to the last civil residence[2,3]. If that residence is unclear or was abroad, ask a lawyer which court takes the case.
  • A foreign national in the family. According to Kallas, the succession may be affected by the Law of 18 June 1929[1] and by conflict-of-laws rules. Settle this with a lawyer at the start.
  • Mixed families, conversions, civil marriages abroad. No source we read covers them[1,2]. A lawyer is the right person to ask.
  • Whether you can travel. Kallas says a power of attorney to a lawyer or relative in Lebanon can cover the declaration, the Probate Decision and the transfer, with an express special mandate needed to sell[1].

Common questions

Does the hasr irth come from the court where the property is?

Not necessarily. For non-Muslims, PBL says it comes from a single judge of the first-instance court of the last residence[2,3] of the deceased, while the property is transferred at the Land Registry office of the property's location[2,4].

How much does a hasr irth cost and how long does it take?

No source we read gives the cost or the time it takes to obtain one[1,2,4]. Ask the registry of the competent court or a lawyer. In one NRC-supported Beirut test case, completed on 13 February 2015[6], the whole inheritance registration took about a year because of strikes, and NRC says practice may differ in other districts.

Can I get a hasr irth without travelling to Lebanon?

According to Kallas, heirs who cannot travel can give a power of attorney to a lawyer or trusted relative in Lebanon covering the declaration, the Probate Decision, the tax settlement and the transfer. Selling the property needs an express special power of attorney[1].

Sources

Checked against these sources. The numbers in the text point here.

  1. 1.
    Inheritance Law in Lebanon: A Guide for Heirs and Families Abroad

    Kallas Law Firm · 20 Jun 2026 · read 17 Oct 2026

  2. 2.
  3. 3.
    Mattar Law Firm: Inheritance and Wills in Lebanon

    Mattar Law Firm · undated · read 17 Oct 2026

  4. 4.
  5. 5.
    How to Make a Valid Will in Lebanon: A Guide for Christian Families

    Kallas Law Firm (klfi.net) · 21 Jun 2026 · read 17 Oct 2026

  6. 6.
    Palestinian Refugees' Right to Inherit under the 2001 Amendment Law – Beirut Test Case

    Norwegian Refugee Council · January 2016 · read 16 Oct 2026

  7. 7.
  8. 8.
    Inheritance Tax in Lebanon 2026: Rates, Exemptions and Calculator

    Kallas Law Firm · 20 Jun 2026 · read 17 Oct 2026

  9. 9.