Inheritance in UAE Law
The United Arab Emirates is committed to regulating inheritance matters in accordance with Islamic Sharia and the UAE Personal Status Law. This legal framework ensures protection for all individuals and guarantees their rightful access to inheritance as stipulated under the UAE Personal Status Law and its amendments.
The UAE Personal Status Law affirms the right of women to inheritance. Islam has honored women by granting them their full rights—including inheritance—and has always upheld their status within both the family and society. Since the dawn of Islam, women have lived in dignity and security. Islam recognized women as mothers, daughters, sisters, and wives, emphasizing their care and protection. The Prophet Muhammad (peace be upon him) said, “Treat women kindly.” Numerous Quranic verses confirm a woman’s right to inheritance in various circumstances, reflecting the just and inclusive spirit of Islamic law.
Islam has given special importance to women, ensuring their right to inheritance through clear and definitive texts in both the Holy Quran and the Sunnah of the Prophet (peace be upon him), while also allowing for scholarly interpretation (ijtihad) in emerging issues.
Evidence of Women’s Right to Inheritance from the Quran:
– Explicit Verses:
Allah Almighty says:
“Men receive a share of what their parents and relatives leave, and women receive a share of what their parents and relatives leave; be it little or much—a legal share.” (Surah An-Nisa 4:7) This verse establishes the foundational principle that both men and women are entitled to inherit, regardless of the estate’s size.
Allah also says:
“God instructs you regarding your children: The male receives the equivalent of the share of two females. If they are daughters, more than two, they get two-thirds of what he leaves. If there is only one, she gets one-half. As for the parents, each gets one-sixth of what he leaves, if he had children. If he had no children, and his parents inherit from him, his mother gets one-third. If he has siblings, his mother gets one-sixth. After fulfilling any bequest and paying off debts. Your parents and your children—you do not know which are closer to you in welfare. This is God’s Law. God is Knowing and Judicious.”
Evidence from the Sunnah:
– Hadiths:
The Prophet (peace be upon him) said: “Give the shares of inheritance to those who are entitled to them. Then whatever remains should be given to the closest male relative.”
This hadith establishes a foundational principle in inheritance law: the closest relatives, whether male or female, are most entitled to receive inheritance.
Key Principles under UAE Personal Status Law
1. The Concept of Inheritance:
Article (200) of Federal Decree-Law No. 41 of 2024 defines inheritance as all money and financial rights left by the deceased.
2. Pillars and Objectives of Inheritance:
Inheritance rests on three essential pillars:
– Legatee: The deceased person from whom the estate is transferred.
– Heir: The individual entitled to receive the estate.
– Inherited Right: The estate itself.
3. Order of Rights Relating to the Estate:
As per Article (201) of the same law, the rights tied to the estate are prioritized as follows:
– Funeral expenses of the deceased.
– Payment of the deceased’s debts, whether owed to God or others.
– Execution of any valid wills.
– Distribution of the remaining estate to the rightful heirs.
4. Conditions for Inheritance Entitlement:
According to Article (202), inheritance entitlement requires:
– Confirmation of the inheritor’s death, either in fact or by legal declaration.
– The heir must be alive at the time of the inheritor’s death.
– A legitimate cause of inheritance must exist, with no legal barriers to inheritance.
5. Disqualification from Inheritance:
Article (203) outlines disqualification grounds, such as intentional killing of the deceased by the heir. The act must be unlawful and without valid excuse, and the killer must be legally competent (sane and of legal age).
Conclusion:
While the law establishes clear rights and frameworks, dealing with inheritance matters requires expert legal advice. Our center provides specialized legal expertise for all types of inheritance cases.
Legal Consultant: Mustafa Ahmed Abdulsalam
Ahkam Transaction Legal Consultancy