Will Registration - March 18, 2025

What is the meaning of Sharia Law?

Written By: avish
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Sharia Law: Definition

Islamic religious law is derived from the Quran and Hadith.

Sharia law is a legal framework based on Islamic teachings, sourced from the Quran and the Hadith, which guide various aspects of life, including moral conduct, religious practices, and legal matters.

What is Sharia law in UAE wills?

  • Sharia law governs inheritance for Muslims in the UAE by prescribing fixed shares for legal heirs.
  • UAE Federal Law No. 28 of 2005 enforces these principles.
  • Reference: UAE Personal Status Law, Article 321

How does Sharia affect will distribution?

  • Sharia law imposes limitations, such as:
    • One-third free disposition for non-heirs or charities.
    • Fixed portions for heirs.
    • Male heirs receiving double the share of female heirs.
    • Mandatory distribution rules.
  • Reference: UAE Federal Law No. 28 of 2005, Article 242

Who are legal heirs under Sharia?

  • Legal heirs include:
    • Spouses (husband/wife).
    • Children (sons/daughters).
    • Parents and, sometimes, siblings.
  • Reference: Dubai Courts Inheritance Guidelines

What are the fixed shares?

  • Standard Sharia inheritance shares:
    • Husband: 1/4 (if children exist) or 1/2 (without children).
    • Wife: 1/8 (if children exist) or 1/4 (without children).
    • Daughters: 1/2 or shared.
    • Sons: Double the share of daughters.
  • Reference: UAE Personal Status Law Articles 329-333

Can Muslims choose different distribution?

  • Restrictions prevent altering fixed shares or disinheriting heirs.
  • Muslims may:
    • Gift assets during their lifetime.
    • Allocate up to one-third to non-heirs.
  • Reference: UAE Civil Transactions Law Article 361

How does Sharia affect non-Muslims?

  • Non-Muslims in the UAE can opt out of Sharia inheritance rules by using DIFC/ADJD  wills.
  • This allows free asset distribution with no Sharia limitations.
  • Registration is mandatory.
  • Reference: DIFC Wills Service Centre Rules

What documentation is needed?

  • Key documents for Sharia inheritance cases include:
    • Death certificate.
    • List of heirs and their relationships.
    • Asset inventory.
    • Proof of religious status.
  • Reference: UAE Inheritance Procedures Guide

How are disputes resolved?

  • Inheritance disputes follow these steps:
    • Sharia court reviews.
    • Expert consultations.
    • Agreements among heirs.
    • Court’s final decision.
  • Reference: UAE Federal Law No. 28, Article 275

What about joint assets?

  • Sharia principles address joint assets as follows:
    • Separate ownership is established first.
    • Individual shares are defined.
    • Inheritance rules are then applied.
    • Spouse rights are protected.
  • Reference: UAE Personal Status Law Article 318