Everything You Need To Know About Inheritance Sharia Law In Uae

By Author: Dr. Hassan Elhais
Total Articles: 60
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Inheritance conventionally means handing over one’s assets to his/her descendants, family, or other legally entitled beneficiaries. However, the process becomes complicated when the deceased has not left a will behind. Thanks to UAE inheritance laws, it is still possible to ensure that the beneficiaries receive what’s rightfully theirs fairly and legally.  

Inheriting financial assets often causes rifts and quarrels amongst the family members. To avoid those, different juriscdictions have formulated laws to allow seamless inheritance of assets, which is usually as per the deceased’s testament.  

Inheritance in case of a deceased Muslim:
Sharia law has a legal philosophy over sharing of Muslim’s property. The law allows a Muslim to create a will, also known as the ‘Wasiyat,’ wherein he can name his beneficiaries. However, the beneficiary is only entitled to a one-third of the assets. The sharing of the deceased assets’ come after deducting the burial expenses and debts that were yet to be serviced ...
... before his/her untimely passing. 

The Sharia Law recognised two groups of eligible beneficiaries:
Primary heirs:
These are the main beneficiaries of the deceased’s assets. The group of people comprises of deceased’s nuclear family. If they did not have any kids, the husband would get half of his wife’s property. If they have children, the husband will receive one-fourth of the total inheritance. The widow(s) would get quarter of their deceased husband’s assets if they did not have any children. If they did, she would receive eight of the assets. 

The sons can get twice their sister’s share. In the meanwhile, the sisters get two-thirds of the estates if they do not have any brothers. In the case of the deceased wife, the husband takes custody of the children, properties, and estates. However, this is not the case if the husband dies. Family law in UAE  considers a direct male relative of the deceased as the guardian of the deceased children and curator of any property owned or transferred to the children before they reach maturity. 

Secondary heir:
This group of people comprises deceased persons' extended family and any other beneficiaries. These might not necessarily be blood-related such as adopted children and friends. They are eligible for inheritance only if the deceased did not leave any heirs.

Conclusion:
Should you need any assistance with the UAE's inheritance, consult with an inheritance lawyer in Dubai to get a deeper insight into the law and its obligations. 

After qualifying as a lawyer within the fields of Criminal and Public Law, Dr. Hassan Mohsen Elhais has been practicing as a Legal Consultant in Dubai since 2006. Working exclusively with Awatif Mohammad Shoqi Advocates & Legal Consultancy, Dr. Hassan has a strong ethical stance with regards to the place of the law firm, from clarity on the legal process through to the fee system.