1- The degree of direct kinship shall be determined by considering that each descendent belongs to a degree excluding the ascendant to which he relates. The degree of indirect kinship between two persons shall be determined by the number of descendants connecting each person to the common ascendant without considering the common ascendant, as every person is separately considered a descendant.

2- The degrees of kinship for the categories in question shall be classified as follows:

First degree: Father/mother/son/daughter/ husband /wife.

Second degree: Sons and daughters of the son/sons and daughters of the daughter/ brothers/sisters/ grandfather/grandmother.

Third degree: Uncle (father’s side)/aunt (father’s side)/uncle (mother’s side)/ aunt (mother’s side)/sons and daughters of brothers/sons and daughters of sisters.

Fourth degree: Cousins (father’s side – sons of the uncle) ​​/ cousins (father’s side – sons of the aunt)​​/ cousins (mother’s side – sons of the uncle)​​/ cousins (mother’s side – sons of the aunt).

In reference to your letter No. / / dated / / concerning the expression of opinion on the determination kinship degree for certain family categories;

Whereas in the facts, as apparent in your letter as mentioned above, the degree of kinship between/among the members of the same family is an important matter in the policies of your Department in terms of acceptance of treatment and for the patient’s approval and other approvals for surgeries and other medical services which require someone to act on behalf of the patient, which necessitates the determination of kinship degree if the patient lacks sanity or awareness due to a mental illness or psychological illness or if his health condition does not allow taking his approval; and whereas you have difference opinions on determining the degree of kinship, thus you request determination of kinship degrees as required for the following categories:

(Father/mother/husband/wife/son/daughter/grandfather/grandmother/brothers/ son's sons/daughter's sons/ son’s daughters/ daughter's daughter/uncle (father’s side)/aunt (father’s side)/uncle (mother’s side)/aunt (mother’s side)/cousins (sons of the uncle – father’s side)/cousins (sons of the aunt – father’s side)/cousins (sons of the uncle – mother’s side)/cousins (sons of the aunt - mother’s side).

In reply, Fatwa and Legislation Department is of the view that it is established pursuant to the perusal of the provisions of Article (78) of the Civil Transactions Law issued by virtue of Federal Law No. (5) of 1985 that “in determining the degree of direct kinship, each descendant shall be considered to belong to a degree in ascendance excluding the ascendant; and in determining the degree of indirect kinship, degrees shall be counted in ascendance up to the common ascendant, the in descendance down to the last descendant, and each descendant, except for the common ascendant, shall be deemed to belong to a separate degree.