A declaration of death of a missing person, and the deed of death, in the compensation law

Establishing death “in fact or by judgment” is the point at which a missing or kidnapped person’s file moves from the stage of a deed of absence to the stage of a deed of death and a final coverage decision. The Instructions do not confuse the two deeds, and do not give the subcommittee competence to declare death.

The court judgment, then the deed of death

Death in fact is usually established when the body is found and a death certificate is issued by the health directorate of the Ministry of Health, followed by a deed of death and a legal inheritance deed (qisam shar‘i) through the Personal Status Court — or the Personal Matters Court for non-Muslims. Death by judgment is sought from that court under Article 93 of Minors Welfare Law No. 78 of 1980: where there is conclusive evidence of death, where four years have passed since the disappearance was declared, or where two years have passed since that declaration if the person went missing in circumstances in which death is presumed likely. The court must investigate before ruling (Article 94), and the date of the judgment is treated as the date of death (Article 95). The period runs from the declaration of disappearance, not from the incident.

After the judgment is issued, or death is otherwise established, a deed of death is extracted. Article 3 of Instructions No. 4 of 2018 arranges two effects: the National Pension Authority (Hay’at al-Taqa‘ud al-Wataniyya) continues to pay the pension salary to the citizen’s family, treating the person as a martyr, “until a deed of death is issued for him”; and after the deed is issued the subcommittee issues its decision on whether or not to treat the missing or kidnapped person as a martyr, in accordance with the law. The deed of death therefore opens the way for the decision to be revisited; it does not automatically mean that the committee will treat the person as a martyr in every case. If the committee refuses to treat the person as a martyr, the decision is subject to objection and time limits: sixty days before the central committee from the day after notification, then thirty days before the Administrative Judiciary Court, then thirty days before the Supreme Administrative Court.

In the paper pension file after the decision, the death certificate or a copy of the death entry, the legal inheritance deed or a certified copy of it, and a deed of guardianship or of guardianship over property if there is a minor, are attached, under Article 4 of the Instructions. These documents form part of the list of required documents.

What should not be confused?

A deed of absence establishes the absence and appoints a guardian; a judgment of death declares death judicially; a deed of death is a later instrument relied on by the committee and the National Pension Authority; and a death certificate is the health document. In the Martyrs Foundation path — not Law 20 alone — a martyr’s certificate and the Medal of Martyrdom are also distinguished on another page. A deed of absence is not used in place of a deed of death when the stage of deciding whether to treat the person as a martyr has been reached.

It is a mistake to stop a payment that is still due, or to continue it after the deed of death without the committee’s new decision. The Instructions drew a functional time limit: payment treating the person as a martyr continues until the deed of death, after which the description is settled by a decision. If payment is cut off contrary to that, the objection path and the body that issued the cut-off decision are reviewed.

Legal basis and sources

1. Minors Welfare Law No. 78 of 1980 — Articles 86–95
2. Instructions No. 4 of 2018 — Articles 2, 3 and 4
3. Law No. 20 of 2009, as amended

Frequently asked questions

Related topics and articles

• 01The deed of absence of a missing or kidnapped person in a compensation fileA deed of absence and appointment of a guardian is a document in a missing or kidnapped person’s file, issued by the Personal Status Court.
• 02Compensation for the families of martyrs, missing and kidnapped persons under Law No. 20 of 2009Who counts as a martyr's family under Iraq's Law No. 20 of 2009, how grants are shared, and how a missing or kidnapped person's file proceeds.
• 03Documents required in a compensation fileDocuments in a compensation file differ for injury, martyrdom, disappearance and property, under Law 20 of 2009 as amended and Instructions 4 of 2018.
• 04The martyr's certificate and the death certificate in a Martyrs Foundation fileMartyr certificate, death certificate and the deed of death in a Martyrs Foundation file: how they differ, who issues the deed, and the Medal of Martyrdom.
• 05The compensation sub-committee and the Central Committee: who decides what?The governorate compensation sub-committee, the Central Committee in Baghdad and ministry committees under Iraq's Law No. 20 of 2009.

Always check the text in force and its amendments in the official source.

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