Inheritance according to Shariah regulations
It makes sure that all rights of parties concerned are preserved in inheritance following the demise of a family member.”
Hani Hammouda, advocate
The purpose of these new laws is to take care of matters and find suitable solutions for wills, grants and inheritances, for Muslims and non-Muslims.” Hani Hammouda, Egyptian advocate, Kefah Al Zaabi
For Emirati advocate Ali Musabbah of Ali Musabbah Advocates and Legal Consultants Firm, the system that arranges the inheritances for non-Muslims in the UAE is a crystal clear reflection of the country’s tolerance and respect for diverse faiths. “It makes sure that all rights of parties concerned are preserved in inheritance following the demise of a family member.”
Implementing the Islamic Shariah, when organising and arranging the financial rights of heirs, guarantees that the will is drafted and disposed of in a fair and satisfying way within the legal channels.
“Before the estate is split as per the will, all expenses should be taken care of, including for instance, arranging for the funeral and other expenses, or wages and settlement of loans (due for payment) by the executor or/and heirs.
The law also grants the will writer the right to amend or retract it before his/her demise and register any modification at the notary public, so in a way that no one can take advantage or no right can be lost when the will is disposed of after death.”
The husband and wife may inherit each other by a half proportion and the parents can also inherit from their children.
If a son dies and he has no male heirs, but only daughters, then his father inherits one sixth of his son’s estate. “The proportion is different if there are sons and daughters or if there are sons with no daughters.”
Since the division of estates is such a complicated process, the Dubai Courts has been seeking expertise of specialists in the Shariah.
Lawyer Musabah stressed to Khaleej Times how he is proud of the UAE Federal Personal Status Law. “This law and the new subsequent laws are convenient for all, as they ensure the estate is rightly and duly passed on to heirs without the slightest chance for any flaw, that can make way for unlawful benefit or loss of rights by any party.”
Egyptian advocate Hani Hammouda of Kefah Al Zaabi firm for Advocacy and Legal Consultancy said that Law No 15. of 2017 on the management of inheritances for non Muslims and implementation of their wills in Dubai is a local law, that has been newly issued to tackle the cases which were not mentioned in the Federal Personal Status Law. “There is law No 14. of 2017 that organises the endowment and grant for Muslims in Dubai.”
According to advocate Hammouda, the purpose of these new laws is to take care of matters and find suitable solutions for wills, grants and inheritances, for Muslims and non-Muslims.