What Is Sharia Law In UAE Property ?

Dubai Intestate Laws And Bodies

The United Arab Emirates' first inheritance-related law is found in Article 17 of Federal Law No. 5 of 1985. The clause gives the 'testator' the power to designate a succession document that will govern how their property is distributed. 

The second phrase refers to Federal Law Number (28) of 2005, which deals with the application of the Personal Status Law. Marriage, divorce, guardianship, associations, and family issues are all covered by these laws.

Dubai Intestate Laws And Bodies

The United Arab Emirates' first inheritance-related law is found in Article 17 of Federal Law No. 5 of 1985. The clause gives the 'testator' the power to designate a succession document that will govern how their property is distributed. 

The second phrase refers to Federal Law Number (28) of 2005, which deals with the application of the Personal Status Law. Marriage, divorce, guardianship, associations, and family issues are all covered by these laws.

Distribution Of The Property

According to Islamic law, the property can be distributed either per capita or per strip.

In Sunni law, the per capita distribution approach is primarily employed. This technique divides the heirs' share of the inheritance left behind by the forebears evenly. The number of heirs determines how much of the estate each person receives.

In Shia law, the per-strip distribution technique is recognized. This technique of passing down property divides the assets among the heirs by the strip to which they belong. As a result, the size of their inheritance also relies on the branch and the number of branch members.
 

Federal Decree - Law No. (41) of 2022 On Civil Personal Status 2023 Amendments to Inheritance Law

Who is covered by the new law: Non-Muslim Residents of the United Arab Emirates are covered by this law. The rigid application of Sharia legislation as it currently exists will be changed by the new legislation, which becomes operative on February 1, 2023, to allow for the automatic inclusion of a spouse, children, parents, and siblings on the following grounds: 

According to Article 11, a surviving spouse will be entitled to receive 50% of an inheritance in the instance of a decedent who passes away without having executed a valid will. Should the person who passed away have any surviving offspring, the remaining inheritance will be split equally among them without regard to whether they are boys or girls.

This is a significant breakthrough in the fight for gender equality about inheritance and is a welcome shift. If a deceased person leaves no surviving offspring, the remaining parents will each get an equal share of the inheritance. If there is only one living parent, the estate will be split evenly between that parent and the dead person's remaining siblings. When both parents have died away, the remaining siblings will get an equal share of the inheritance impartially.

If additional information is not supplied after the date of this article, Article 13 will only apply to those who will be getting married in the UAE. Nearer the time, we will have more information on the regulations, and as usual, we'll keep you updated on any changes that could directly affect your life. Unless specified otherwise, the present wills and inheritance method stays the same.
 

Inheritance In The Event Of A Muslim Decedent

The Sharia Law has its law about how Muslims should divide their property. A Muslim may prepare a "Wasiyat," or Islamic will, in which he or she designates the people who will benefit from his or her estates. However, the beneficiary only has a right to a third of the assets. This is done to make the method of inheritance more unbiased. Following deductions for the deceased's funeral costs and any obligations that had not yet been paid upon their unexpected passing, the deceased's assets are divided.

The Two Categories Of Qualified Beneficiaries Recognized By Sharia Law

These are the principal heirs to the estate's assets. Nuclear family members of the dead make up this category. If they had no descendants, the spouse would inherit half of his wife's assets. If they have children, the spouse will receive a quarter of the inheritance.

If the widow(s) did not share any biological children shared, they would get a quarter of their deceased husband's assets. However, if they had borne children with the deceased, the widows were entitled to an eighth of the estates.

If there are no boy siblings, the female siblings are entitled to two-thirds of the estates, whereas the sons are qualified for twice their sister's portion. When the woman passes away, the husband inherits kids, assets, and properties. However, if the husband passes away, this is not the case. By Islamic Law, a direct male relative of the decedent is deemed to be the guardian of the decedent's children and the custodian of any property possessed by or given to the children before they are of legal age.

Remaining Heirs Or Secondary Heirs

These include the dead person's immediate family as well as any potential non-blood relatives like acquaintances and adoptive children.

Exceptions to the UAE's Inheritance Laws

Many people might wonder what would happen in the UAE if a non-Muslim or foreign person passed away. Dubai is aware of the diversity of its population, which is made up of both locals and foreigners from various religious backgrounds. Foreigners and non-Muslims are immune from the Sharia Inheritance Law processes under the Emirati Civil Code. The inhabitants in question are free to govern the next generation by local laws, globally accepted inheritance rules, and their religious beliefs.

Forced inheritance

According to Article 321 of the legislation, certain descendants have a fixed portion of the property, which means that they are never excluded until they do not exist at all. Even if there is no money left over for the other classes of heirs, they receive their shares first. Their portions are divided according to Articles 322 to 328 and are established as halves, one-fourth, one-eighth, two-thirds, one-third, and one-third of the remaining property:

If the wife doesn't have any descendants, the husband will receive half of the property.

• The deceased person's daughter if she is the sole child.
• If there are no children or grandchildren of the dead who are higher in degree, the daughter of the son or one of his descendants.
• The germane sister, if she has no brothers or sisters and no living descendants of the deceased's father or paternal grandfather. The consanguine sister, if she doesn't have a brother or sister and no surviving father or paternal grandpa.

Who will receive one-fourth of the inheritance?

• If the spouse has a descendant, then the husband.
• If the husband does not have a descendant, the wife, even if there are several.

The recipients of one-eighth of the bequest:

• If the husband has a descendant, the wife, even if there are several of them.
• Awarded with two-thirds of the inheritance are:
• If the dead person has no sons or more than two daughters.
• If there is no son, a grandson of the same degree or a grandchild of a higher degree of the dead, or two or more daughters of the son or his descendants.
• Two or more germane sisters in the absence of a deceased person's father, paternal grandfather, descendent, or germane or consanguine brother.
• More than two consanguine sisters if the person who died had no descendants, father, paternal grandfather, germane or consanguine brother, germane sister, or descendant.

An inheritance of one-third will be given to:

• In the absence of a descendant, the mother, brother, or sister of the dead
• If there is no descendent, father, or paternal grandfather of the dead, two or more of the mother's children, are divided equally.
• If there are no compelled heirs of the dead and the paternal grandpa agrees with more than two consanguine brothers or sisters.

The beneficiary of one-sixth of the bequest is:

• If the parent agrees with a descendant, then.
• According to the law's Article 327(2), the paternal grandfather.
• The mother, together with two or more brothers and sisters or a descendant.
•  If she is not disqualified from inheriting, one or more grandparents.
• If there isn't a son or grandson of the dead in an equal or higher degree, one or more daughters of the son or his descendants, with a consanguine daughter or a daughter of a son in a higher degree.
• If the deceased had no descendent, father, paternal grandfather, brother, or consanguine brother, one or more consanguine sisters with a germane sister.
• If there is just one uterine sibling.

The remaining third will go to:

If there are no descendants, the mother, along with the surviving spouse and father, or two or more of the dead person's siblings who survived. The paternal grandpa granted that the one-third part is preferable to the one-sixth for him and that he has a compelled successor, more than two brothers, more than two germane or consanguine sisters, or both.

The other beneficiaries will get whatever assets remain if they are not depleted after the compelled heirs receive their portion. The compelled heirs will get an equal share of the assets that remain if there are no residual heirs. The assets will be distributed among the people who are part of the extended family if there are no compelled or residual heirs. The property will belong to the governing body if the person who died has no dependents at all.

Conclusion

Even though Sharia's inheritance laws may appear to be highly complicated, they let all rightful heirs be included and be entitled to the deceased's property. A non-Muslim may make a will to make it simpler for the courts to administer the estate.