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ARTICLE · 05 MARCH 2019

UAE Inheritance Framework Under Shariah Law

Dr Hassan Elhais
Dr Hassan Elhais
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Dr Hassan Elhais

Dr Hassan Elhais

Dr. Hassan Elhais, along with the team of legal consultants and prominent local lawyers across the...

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The Personal Law in UAE permits the non-Muslim to draft a will and divide the property according to their will.

United Arab EmiratesFamily and Matrimonial
  1. What law governs the inheritance on the demise of UAE national or an expatriate?

The principal source of law of inheritance in UAE is Shariah and on the basis of which several Federal Laws have been promulgated. In addition, main laws governing succession are Federal Law Number 5 of 1985 concerning the Civil Transactions Code (the Civil Law) and Federal Law Number 28 of 2005 regarding the Personal Status Law (the Personal Law).

Article 1(2) of the Personal Law states that the law will be applicable on all the citizens of UAE unless a non-Muslim foreign national have special provisions according to their community, which empowers the foreigner to have a choice of the law and avoid application of Shariah. Simultaneously, Article 17 of the Civil Law states that the inheritance will be governed by the law of the testator at the time of his death.

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