Ṣulḥ al-ʿUmrā (Lifetime Settlement) as a Legal Instrument to Adjust Inheritance Law in Iran:

A Practitioner’s View

Maryam Ghanizadeh Bafghi

 

Abstract: Succession law is a fundamental and immutable aspect of Shari’ah, governing the distribution of a deceased person’s estate in the absence of prior arrangements. However, Shari’ah also permits specific mechanisms to address the inherent rigidity of these rules. The Iranian Civil Code incorporates a mechanism known as ṣulḥ al-ʿumrā (hereinafter referred to as “lifetime settlement”), which provides a legal framework for modifying the application of succession laws. This legal model enables property owners to transfer ownership to a beneficiary while retaining usufruct rights for themselves until their death, thereby allowing the proprietor to avoid standard Islamic succession laws. This article analyses the mechanism of lifetime settlement with specific reference to the Jaʿfari jurisprudence and the Iranian Law. Furthermore, it examines the mechanisms, social grounds, and motivations underlying the use of lifetime settlements. According to a survey on Iranian legal practices in this context, women play a significant role in utilising lifetime settlement contracts. The findings indicate that women are more inclined to use this format to transfer their property and are more frequently designated as the recipients of such contracts. However, limited legal awareness has hindered the widespread adoption of lifetime settlements, resulting in many properties being subject to standard succession laws.