Sharia Law For The Inheritance and Heirs of Succession

Sharia Law clearly states the principles for the heirs of success. According to Sharia principles of succession, only specific relations are considered heirs after a person's death. The property of the deceased can only be transferred to qualified as heirs under Sharia Law. Those who do not qualify as heirs will not receive anything from the property or estate. Lawyers in UAE like Advocates in DUBAI as well as Emirati Legal Consultants in Dubai, throw a good amount of light on such topics. 

To determine the heirs, the court follows a proper procedure. They will confirm the status through witnesses and documents. Two Male witnesses are needed/required to provide the statements. They will confirm the heirs and their relationship. 

Additionally, documents like marriage certificates and birth certificates are taken into consideration in this aspect. However, these documents must be attested first. Their legality is vital for use in the UAE. The following relations are considered heirs under Sharia Law: 

  • Parents, 
  • Spouses, 
  • Children 
  • Grandchildren, 
  • Brothers and Sisters, 
  • Paternal Grandparents, 
  • Paternal Uncles, 
  • Paternal Aunts, 
  • Paternal Nephews, 
  • Paternal Nieces, and so forth.

Few restrictions apply to those who can be declared as heirs. For instance, only legitimate relations can be heirs under Sharia law. Illegitimate children and partnerships other than a marriage between a man and a woman are not recognized. It is not termed as legitimate heirs. Adopted children also do not have a share under Sharia. Sharia Law does not recognize any law or rule which is against the ISMAIC LAW.  

  • Furthermore, SHARIA LAW explicitly states that a Non-Muslim cannot inherit from a Muslim's fortune, and vice versa. If someone commits a crime such as killing a sibling or parent, they will not benefit from their crime. 
  • They will be ineligible for inheritance according to SHARIA Law rules. The divorced women have no right claim from Ex-husbands’ unless they are within the "IDDAT or IDDAH" period. 

In principle, an Islamic will is similar to any other will. It involves appointing a trustee or executor and a guardian for minor children. 

A will in Dubai needs to be notarized and in written form. Islamic law will have restrictions. If shares are given that exceed one-third of the estate's value, the local courts will only apply them if the other heirs agree in writing and conduct. This means 2/3rd of the value will be distributed based on Sharia Law rules. 

The distribution of wealth among the heirs is based on clear formulas. It only varies depending on the specific family structure. However, some primary principles include sons receiving double the share of daughters. 

  • The wife receives a 1/8th share from her husband's estate. The heir’s names, their percentages, and shares are stated on the "Inheritance Certificate". It can be presented to relevant authorities to facilitate the transfer of shares or liquidation. 
  • The minor children come under the guardianship of the surviving parent, it’s a standard by Law. Under Sharia, the assets of the deceased can be divided into three categories as: 

Real Property which is Land and/or Buildings, 

Chattel (Money, Jewelry, household, Furniture, Livestock, and Personal Belongings) 

It is always advisable to consult with a legal expert specializing in Sharia law. Lawyers and attorneys are in a better position to guide specific cases and further guidance. Book the legal appointment with well reputed attorney.