The impact of different Hijri and Gregorian birth dates on inheritance documents in Germany
A hidden risk that can delay estate distribution and trigger legal disputes
Accurate personal data is crucial in inheritance procedures in Germany, especially when dealing with probate courts (Nachlassgericht), insurance companies and banks. One of the most common problems faced by Muslims in Germany – particularly those of Arab origin – is the discrepancy between the birth date in the Hijri calendar and the Gregorian calendar when documents are translated or compared to official German records.
Many older birth certificates issued in Arab and Islamic countries – especially in rural areas or before the unification of civil registry systems – were based on the Hijri (Islamic) calendar, or only contained approximate information (for example: “born in Ramadan 1385 H”).
When translated, some people convert the Hijri date into a Gregorian date, but:
using imprecise methods,
without a consistent reference point,
or using different online conversion tools each time.
This can lead to:
a difference of one or two days, or even several months or a full year
conflicting birth dates between various translated documents (passport, birth certificate, ID card, etc.)
1. Delays in proceedings before the Nachlassgericht
The court may be unable to clearly identify an heir if his or her personal data does not exactly match the official records.
2. Refusal by banks or insurance companies to pay out benefits
If the heir’s or beneficiary’s birth date differs between the submitted documents, banks or insurers may refuse to pay or demand additional clarification, which significantly delays the process.
3. Legal disputes among heirs
One party may challenge another’s entitlement to inherit on the basis of “non-matching” documents – especially in cross-border estates or where assets are registered in several countries and under different name forms.
4. Non-acceptance of documents by consulates or embassies
Discrepancies in birth dates may impede the recognition of kinship, the issuance of powers of attorney, or the validation of inheritance documents by consular authorities.
| Measure | Explanation |
|---|---|
| Unifying dates during the person’s lifetime | The Hijri birth date should be accurately converted into a Gregorian date using reliable software or official conversion tables. This fixed Gregorian date should then be used consistently in all future documents. |
| Certified and consistent translation | All translations (passport data, birth certificate, ID, family record, etc.) should use the same agreed Gregorian date, without individual “reinterpretation” each time. |
| Attaching an explanatory note by the translator | The translator can add a separate statement explaining the original Hijri date and the method used to convert it into the Gregorian date. This explanation can be submitted together with the official documents. |
| Providing evidence before the court | Before the probate court, an eidesstattliche Versicherung (sworn written declaration) or a certified statement from the consulate can be submitted to explain the cause of the discrepancy and confirm the correct date. |
| Referring to a Sharia court in the country of origin | In some cases, a competent court in the home country can issue a corrected birth record fixing the official date. After translation and legalisation, this document can be relied upon internationally. |
A discrepancy between Hijri and Gregorian birth dates may appear to be a minor technical detail, but in practice it can have serious legal consequences in inheritance cases, and may delay or even undermine heirs’ rights in Germany.
Prevention lies in:
early unification and clarification of personal data,
consistent, certified translations,
and seeking advice from a sworn translator or a lawyer specialising in international family and inheritance law.
The editorial team of this website endeavours to provide accurate information based on thorough research and the consultation of multiple sources. Nevertheless, errors or incomplete or non-final information cannot be completely ruled out. Please treat this article as an initial guide only, and always consult the competent authorities (courts, lawyers, consulates) for binding, up-to-date legal information.
