Muslim Woman Seeks Justice After Being Excluded from Inheritance

A Muslim woman is pursuing legal action after being excluded from her deceased husband's inheritance. The Sharia Court, which oversees inheritance matters for Muslim families in the UAE, issued a certificate of inheritance that did not include her as one of the legal heirs, citing her status as divorced.

The case highlights critical aspects of the UAE's Personal Status Law (Federal Law No. 28) and its provisions regarding inheritance.

Legal Framework Governing Inheritance

Under Article 276/3 of the Personal Status Law, the ascertainment of death and succession is deemed conclusive evidence unless challenged or stayed by the court. The court issues an inheritance certificate that identifies the legal heirs and their respective shares.

Additionally, Article 1/1 of the Law of Evidence in Civil and Commercial Transactions stipulates that the burden of proof lies with the plaintiff, while the defendant has the right to refute claims.

Legal Recourse for Claiming Inheritance

To secure her rightful share, the woman must file a case in the Sharia Court for the inclusion and correction of heirs in the inheritance certificate. The legal action seeks:

1. Recognition of marital status: Prove that the couple's reconciliation occurred, invalidating the previous divorce.

2. Revision of inheritance certificate: Cancel the initial inheritance certificate and issue a revised one that includes her as a legal heir.

The burden of proof rests on the woman to demonstrate her marital status until her husband's death. Evidence such as witness testimony, documentation, or other admissible forms will be pivotal in the proceedings.

Importance of Proper Documentation

The case underscores the necessity of documenting marital reconciliations in court to avoid ambiguities in legal matters, especially those involving inheritance. It also emphasizes the role of the Sharia Court in ensuring the fair distribution of assets as per Islamic law.

This legal battle highlights the critical intersection of Sharia law and personal status legislation in upholding justice and protecting individual rights within the UAE's legal system.

 

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