The Role Of Sharia Law In Wills In Dubai

Sharia law plays a fundamental role in determining inheritance in Dubai, especially for Muslim residents. For non-Muslim expatriates, services like Just Wills Dubai offer guidance on creating wills that align with both personal wishes and Dubai’s legal requirements. Understanding Sharia law’s impact on inheritance is essential, as it influences how estates are distributed without a will and provides specific guidelines for Muslim residents even if a will is in place.

Asset distribution under sharia law:

In Dubai, Sharia law is the default legal framework for inheritance, particularly for Muslim residents. Under Sharia, inheritance follows a fixed distribution system where spouses, children, and parents receive specific portions of the estate. Sons typically inherit double the share of daughters, and spouses receive a portion but not the entirety of the estate. This distribution is intended to reflect Islamic values and support for family members in a structured hierarchy. Non-Muslim expatriates, however, are not bound by Sharia law if they have a registered will that clearly specifies their wishes.

Wills for Muslim residents:

Muslims are generally expected to follow Sharia principles in wills. While Sharia law does allow for some flexibility, such as the “Wasiyya” provision, which permits a Muslim to allocate up to one-third of their estate to non-heirs or charities, the remainder must follow Sharia distribution rules. This framework seeks to uphold family welfare, though it limits flexibility for Muslim residents who might prefer an alternative distribution.

Non-Muslim expatriates and sharia law:

For non-Muslim expatriates, Sharia law applies only by default if there is no registered will. Non-Muslims can avoid Sharia inheritance laws by preparing a clear will that reflects their desired asset distribution, appoints guardians, and designates an executor. Just Wills Dubai provides expertise to ensure that these wills are legally enforceable and compliant with local laws, allowing non-Muslim residents to have greater control over their estate planning.

The importance of legal registration:

Registering a will is important for non-Muslims who wish to bypass Sharia-based inheritance. The Dubai International Financial Centre (DIFC) Wills Service Centre provides a non-Sharia option for expatriates to register their wills in English, making the probate process easier for their families. Just Wills Dubai helps individuals steer this process, ensuring clarity and enforceability in line with Dubai’s legal system.