This article provides a comprehensive overview of Sharia law in UAE inheritance, covering essential concepts and legal provisions.
It aims to explain the key aspects of inheritance under Sharia law, offering insights into the conditions, rules, and rights of heirs in the UAE.
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Table of Contents
Sharia Law In UAE Inheritance Legal Framework
Sharia law in the UAE governs the inheritance process, ensuring a clear framework for distributing a deceased person’s estate.
The law outlines specific rules for dividing assets among heirs. Inheritance is only possible if certain conditions are met, such as the death of the testator and the surviving heirs.
Under Article (202) of Federal Decree-Law No. (41) of 2024 (UAE Personal Status Law), an heir must survive the testator either actually or presumably.
A key provision under Article 203 deprives individuals who deliberately murder the testator from inheriting.
The law ensures that inheritance is fair and just, prohibiting inheritance in cases of wrongful death or unjust actions.
Types of Inheritance
Sharia law divides inheritance into fixed shares (Fard), agnates (Al-Taa’seeb), and uterine relatives (Rahem). Fixed shares are determined by Sharia and include fractions such as one-half, one-sixth, and one-third.
Agnates receive shares not explicitly defined by Sharia law, while uterine relatives inherit in specific circumstances.
The law also addresses various heirs, such as children (sons and daughters), parents (father and mother), and siblings.
For example, a son inherits twice the share of a daughter. Full sisters inherit differently than half-sisters, depending on the deceased’s relatives.
Conditions Precluding Inheritance
Sharia law excludes certain individuals from inheritance. For example, if there is a difference in religion between the deceased and the heir, inheritance is barred.
Similarly, if individuals die simultaneously without clearly indicating who passed away first, they are not entitled to inherit from each other (Article 205).
Another significant aspect is the inheritance rights of a divorced spouse.
A revocable divorce may allow inheritance rights if the woman is still in her waiting period.
In contrast, a divorce on a deathbed could enable inheritance unless the wife remarries before the husband’s death (Article 204).
Legal Services Related to Sharia Law In UAE Inheritance
Our law firm in UAE offers specialized legal services to navigate Sharia law in inheritance cases in 2025.
Our team is experienced in advising clients on the complexities of inheritance under Sharia, ensuring that the distribution of assets aligns with the law. We provide comprehensive legal support in matters such as:
- Inheritance Planning: We help individuals prepare wills that comply with Sharia principles, ensuring their assets are distributed according to their wishes.
- Dispute Resolution: If inheritance disputes arise among heirs, our lawyers assist in resolving conflicts efficiently and within the boundaries of Sharia law.
- Inheritance Claims: We represent clients seeking their rightful share of inheritance based on Sharia law, ensuring that all legal requirements are met.
- Legal Advice for Executors: We offer guidance for executors of estates, helping them fulfill their responsibilities in accordance with Sharia inheritance rules.
- Representation in Court: Our legal team is skilled in representing clients in court to resolve inheritance-related matters, including cases of exclusion, fraud, or disputes over fixed shares.
For anyone seeking assistance with Sharia law inheritance in the UAE, our firm provides expert legal services to ensure a fair and lawful distribution of assets.
Learn about the Best Family Lawyer in Dubai and read about the Best Family Lawyers for Inheritance in Dubai.
FAQs about Sharia Law Inheritance in UAE
Conclusion about Sharia law in UAE inheritance.
Sharia law in the UAE provides a clear framework for inheritance, detailing conditions, shares, and rules for various heirs.
It ensures fair distribution according to Islamic principles and addresses exclusions and disputes.
Understanding these provisions is essential for effective estate planning and inheritance resolution under the law.
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A law graduate and legal writer focusing on UAE law, he became known for his ability to clarify complex legal concepts through his writings. His work simplifies the intricacies of the legal landscape in the Emirates, helping both locals and expatriates navigate their legal concerns.
