Who Can Inherit Assets in The UAE Under Sharia Law?

In the UAE, inheritance for Muslims is governed by Sharia law under Personal Status Law (Federal Law No. 28 of 2005, now replaced by Federal Decree‑Law No 41 of 2024). This system defines who inherits and how much each heir receives. For non-Muslims, new laws offer an opt-out inheritance UAE path through civil wills registered with DIFC or Abu Dhabi legal bodies. This guide helps both Muslim and non‑Muslim residents understand their rights, requirements, and options under UAE inheritance law.

 This guide explains how inheritance works for Muslims in the UAE, outlining who qualifies as Sharia heirs under Islamic law. It also helps non-Muslim residents understand their options and how to avoid default Sharia distribution by registering a valid will.

 

Sharia heirs in the UAE are divided into two main groups:

 

• Fixed-share heirs: These include the spouse, children, and parents. Their portions are clearly defined under Sharia law.

• Residuary heirs: These are other close relatives, like siblings and grandparents, who may inherit what remains.

 

How the UAE Applies Sharia Law

• Islamic inheritance rules,called Sharia heirs UAE,are embedded in the UAE’s Personal Status Law. These apply automatically to Muslim UAE nationals and Muslim residents, even if their families follow another legal tradition.

• If a Muslim dies without a valid will, their assets in the UAE are distributed based on fixed shares defined by Sharia law. The estate must first be used to settle debts, then divided among heirs in specific proportions.

 

Who Are the Sharia Heirs in the UAE?

Under these rules, only certain close relatives inherit automatically:

 

• Quota‑heirs always receive a fixed share. This includes spouse, children, and parents.

• If quota‑heirs aren’t present, residuary heirs (like siblings, grandparents) may inherit what remains.

• Extended relatives (like aunts, cousins) generally aren’t entitled under Sharia inheritance rules.

 

How Shares Are Calculated

• A son typically receives twice the share of a daughter. That reflects financial responsibilities assigned under Sharia law.

• A mourning spouse’s share depends on whether children exist:

  • For a wife, when children exist: she usually gets 1/8 of the estate; without children: up to 1/4.

    • For a husband, with children: 1/4; without children: ½.

• A Muslim can only distribute up to one‑third of their estate by will to people outside these prescribed heirs. The rest is divided per Sharia rules.

 

For example, a son typically receives twice as much as a daughter. A wife gets 1/8 of her husband’s estate if children exist, or 1/4 if not. A Muslim may only give up to one-third of their estate by will to non-heirs.

 

Options for Non‑Muslim Residents in the UAE

If you are non‑Muslim or come from a different religious tradition, the rules differ:

 

• As of 1 February 2023, Federal Decree‑Law No. 41/2022 allows non‑Muslim residents and non‑Muslim UAE nationals to opt out of applying Sharia inheritance rules,if they register a valid will or choose their home country's law.

• Without a registered will, non‑Muslim estates in the UAE would still default to Sharia‑style distribution, unless the heirs formally opt for an alternative legal system.

 

 Non-Muslims can opt out of Sharia rules by registering a valid will or choosing their home country's law, thanks to Federal Decree-Law No. 41 of 2022. Without a registered will or home law election, their estate defaults to UAE  civil inheritance rules.

 

Overview of Inheritance Laws in the UAE

Inheritance in the UAE is primarily governed by the Personal Status Law, which reflects the Islamic legal system for Muslim residents and nationals. Under Federal Law No. 28 of 2005, inheritance for Muslims is based on Sharia Law, with fixed rules about who inherits and how much. These rules automatically apply unless a valid will states otherwise, and only one-third of a Muslim’s estate can be distributed outside the prescribed heirs.

 

For non-Muslims, the UAE inheritance law offers more flexibility. Thanks to recent legal reforms, they can choose to apply the law of their home country by registering a will locally. If they don’t, Sharia principles may still be applied by default.

 

In short, the UAE separates inheritance procedures based on religion: Muslims follow a set system under Sharia law, while non-Muslims can plan their estates using alternative legal frameworks, if they act in advance.

 

Who Gets What? The Sharia Heir Hierarchy Explained

Inheritance under Sharia law isn’t just about who’s related, It’s also about who takes priority. The UAE’s Personal Status Law, based on Islamic principles, categorizes heirs into three main groups. This classification decides who inherits, how much they receive, and whether some heirs get excluded based on who else is alive.

 

Quranic Heirs (Fixed Shares as per the Quran)

These heirs are guaranteed a fixed share of the estate, known as Quranic shares. Their portions are explicitly mentioned in the Quran and cannot be overridden by a will (beyond the one-third rule).

 

Examples of Quranic heirs:

• Spouse (husband or wife)

• Son

• Daughter

• Father

• Mother

• Maternal siblings (in some cases)

 

Quranic heirs take precedence in distribution. Their shares are settled first, before any other heirs.

 

Residuary Heirs (Asabah)

Once Quranic shares are distributed, any remaining estate goes to residuary heirs, also known as Asabah. They don’t have fixed shares but inherit what’s left, depending on who else is present.

 

Examples of residuary heirs:

• Brothers and sisters

• Uncles (paternal side)

• Nephews

• Male cousins

 

Male residuary heirs often inherit more than female ones, and may even exclude female counterparts if they are of the same degree.

 

Blocked Heirs (Excluded Due to Hierarchical Supersession)

Not all heirs are guaranteed a share. Some may be excluded entirely,this is called heir exclusion. A lower-tier heir is “blocked” if a closer or higher-priority heir exists.

 

Examples of blocked heirs:

• A brother is excluded if the father is alive.

• Nephews may be blocked by the presence of a son or father.

• A grandmother may be excluded if the mother is alive.

 

Why this matters: Understanding these rules helps avoid surprises during estate distribution and ensures clarity during family succession planning.

Heir Category	Inherits Share?	Examples	Can Be Blocked?
Quranic Heirs	Yes (fixed)	Spouse, son, daughter, parents	Rarely blocked
Residuary Heirs	Yes (if shares remain)	Siblings, uncles, nephews	Often blocked by closer heirs
Blocked Heirs	No	Brother (if father alive), nephew	Always depends on family tree

 

 

This classification system is key to understanding how Quranic shares, residuary heirs, and heir exclusion work under Sharia inheritance law in the UAE. It’s not just about who you’re related to,but also who else is still alive when the estate is being divided.

 

How Are Assets Distributed Under Sharia Law?

Inheritance under Sharia law in the UAE follows fixed rules that reflect both religious principles and family responsibilities. The inheritance distribution is guided by the Quran and the Islamic legal system (Federal Decree-Law No. 28 of 2005 on Personal Status), and applies automatically to Muslims unless otherwise stated.

 

Gender-Based Share Differences

One of the most discussed aspects of Sharia inheritance is the 2:1 rule,where male heirs typically receive twice the share of female heirs .

 

This isn’t arbitrary. It’s based on Islamic teachings, which assign financial obligations differently to men and women. Under Sharia law:

• Men are financially responsible for their wives, children, and in some cases, extended family.

• Women retain full control over their inheritance and are not expected to contribute financially to the household.

 

So, while it may appear unequal at face value, this structure reflects broader Islamic principles about financial responsibility and care.

 

Example Distribution Scenarios

Let’s say a Muslim father passes away, leaving behind:

 

• A wife

• 2 sons

• 1 daughter

• His father and mother

 

Here’s how the estate would be distributed according to Islamic percentages:

Heir	Share (%)	Reasoning
Wife	1/8 (12.5%)	Fixed Quranic share when children are present
Father	1/6 (16.7%)	Fixed Quranic share
Mother	1/6 (16.7%)	Fixed Quranic share
Remaining Estate	54.1%	Goes to children (residuary heirs)
, Each Son	2 parts	Gets double the daughter’s share
, Daughter	1 part	Gets half of each son’s share

 

Breakdown of children’s shares (from remaining 54.1%):

• Total “parts” = 2 (son) + 2 (son) + 1 (daughter) = 5 parts

• Each son gets 2/5 of 54.1% = approx. 21.64%

• Daughter gets 1/5 of 54.1% = approx. 10.82%

 

This structured inheritance distribution system ensures clarity, avoids disputes, and respects both male and female share allocations under Islamic percentages. While rigid, it's designed to balance family support obligations with religious fairness.

 

 

What If the Situation Isn’t Typical?

 

Special Inheritance Scenarios Under Sharia

While Sharia law lays out a fixed system for inheritance, real life is often more complicated. Families come in many forms, and some situations fall outside the standard framework. Here’s how unborn heirs, stepchildren, adopted children, and illegitimate children are treated under Islamic inheritance law,and when you’ll need a will (wasiyyah) to ensure they're cared for.

 

Rights of Unborn or Minor Heirs

• Unborn heirs (e.g., a child still in the womb) are entitled to inherit if they are later born alive.

• Their share is reserved when the estate is divided, and distributed once the child is born.

• Minor heirs inherit just like adults. Their shares are typically held in trust until they reach legal age or maturity.

 

Adopted or Stepchildren: Do They Inherit?

• Under Sharia, adopted children and stepchildren are not considered legal heirs.

• They don’t inherit automatically from adoptive or stepparents unless explicitly included in a wasiyyah (will).

• You can leave them up to one-third of your estate through a will. Anything more requires consent from the legal heirs.

 

Illegitimate Children: Are They Entitled?

• In Sharia, a child born outside of marriage typically cannot inherit from the biological father.

• They may inherit from the mother, depending on circumstances and recognition.

• If someone wishes to provide for an illegitimate child, it must be done via a valid will within the allowed one-third limit.

 

If your family situation includes adopted, step, or non-marital children,or an unborn heir,planning ahead with a legally registered wasiyyah is the only way to ensure they’re included. Otherwise, they may be excluded entirely under traditional Sharia rules.

 

What Happens If There Is No Will?

When someone in the UAE passes away without a will, their estate goes through intestate succession. In this case, the UAE courts apply Sharia default rules to distribute the assets,regardless of the deceased’s nationality or personal beliefs, unless they had formally opted out.

 

For Muslims, this is expected. Sharia outlines clear shares for each heir, and the court distribution follows these fixed proportions.

 

But for non-Muslims or mixed-faith families, not having a will can lead to unexpected outcomes. Assets may be divided according to Sharia,even if that wasn’t the deceased’s intent. For example, a wife might only get 1/8 of the estate if children exist, and adopted or stepchildren could be left out entirely.

 

To avoid this, non-Muslims should register a valid will under UAE law or through the DIFC Wills Centre. This gives them control over who inherits and prevents unintended application of Sharia.

 

Can Non-Muslims Avoid Sharia-Based Inheritance in the UAE?

Yes, non-Muslim residents in the UAE can legally avoid Sharia-based inheritance,but only if they take proactive steps. The law allows for an opt-out inheritance option, meaning you can choose not to follow Sharia rules by registering a valid will under civil procedures.

 

There are two main ways to do this:

• DIFC Wills: Registered with the Dubai International Financial Centre Wills and Probate Registry, these wills follow common law principles and offer flexibility for non-Muslim residents to distribute their assets as they wish.

• Abu Dhabi Wills Registry: Offers similar protections under Abu Dhabi’s civil law system for non-Muslims, allowing them to name beneficiaries, appoint guardians, and decide how assets are divided.

 

Why Register a Will?

• Clarity – Reduces confusion and legal disputes among family members

• Control – You decide who inherits your property, not the court

• Peace of mind – Ensures your wishes are followed, especially in mixed-faith families

 

If you’re a non-Muslim living in the UAE, registering a will through DIFC Wills or the Abu Dhabi Wills Registry is the safest way to protect your estate and avoid unintended Sharia-based distribution.

 

Legal Process and Documentation Required for Asset Transfer

Whether inheritance follows Sharia law or a registered will, the UAE has a structured process for transferring a deceased person’s assets. Here's how it works:

 

Step-by-Step Asset Transfer Process

1. Obtain the Death Certificate

   • Must be issued by the UAE health authority or a hospital

     • Needs to be translated into Arabic (if not already)

2. Apply for a Legal Heirs Certificate

   • Issued by the Sharia Court

     • Lists all surviving heirs and their relationship to the deceased

     • Required even if there’s a will, to confirm rightful beneficiaries

3. Submit the Will (if any)

   • If the deceased had a registered will (e.g. DIFC Will or Abu Dhabi Will), it must be submitted for probate

     • Unregistered or foreign wills may not always be enforceable unless properly notarized and legalized

4. Open an Estate File

   • Filed with the Sharia Court or the appropriate civil court (like DIFC)

     • Includes all key documents: death certificate, heirs certificate, will, asset details

5. Court Reviews and Distribution

   • If there’s no will, Sharia inheritance rules apply, distributing assets among heirs based on fixed shares

     • If there’s a valid will, assets are distributed accordingly (for non-Muslims with opt-out wills)

     • The court may appoint an estate administrator to manage the process

6. Asset Transfer and Closure

   • Once the court approves the distribution, assets like bank accounts, properties, and investments are transferred to the named heirs

     • All outstanding debts and obligations must be cleared before distribution

 

Handling Disputes

If family members disagree over distribution or claims, the Sharia Court resolves the matter. It can override informal agreements and enforce the legal share of each heir. This makes it especially important to have clear documentation and a registered will (if applicable).

 

Preparing for a Sharia-Compliant Inheritance Plan

For Muslims in the UAE, estate planning means ensuring your assets are distributed according to Islamic succession laws. Sharia divides assets into fixed shares for specific heirs (like children, spouse, and parents), so proactive planning can avoid disputes and delays.

 

Tips for a Sharia-Compliant Inheritance Plan

1. Draft a Sharia-Compliant Will (Wasiyyah)

   • You can allocate up to one-third of your estate to non-heirs or for charitable purposes

     • The remaining two-thirds must follow Sharia distribution rules

     • Clearly list all assets and beneficiaries

2. Document Everything Clearly

   • Maintain updated lists of assets (bank accounts, property, investments)

     • Include details of debts and financial obligations

     • Keep copies of important documents like your marriage certificate, ID, and family details

3. Update Regularly

   • Review your will after major life events (marriage, childbirth, property purchase)

     • Make sure your beneficiaries and asset list are current

4. Seek Legal Advice

   • Consult an Islamic law expert or Sharia court-certified lawyer

     • If you own property abroad or in free zones, check how UAE and foreign laws interact

5. Discuss Plans with Family

   • Explain your wishes early to prevent confusion later

     • Keep your heirs informed of where the documents are stored

 

Frequently Asked Questions About Sharia Heirs in the UAE

1. Who qualifies as Sharia heirs in the UAE?

Eligible heirs typically include the spouse, children, parents, and sometimes siblings or grandchildren, based on fixed shares.

 

2. How are inheritance shares calculated under Islamic law?

Shares are pre-defined under Sharia, with specific portions allocated to each heir depending on their relationship to the deceased.

 

3. Can daughters inherit under Sharia law in the UAE?

 Yes, daughters inherit, but generally receive half the share of a son.

 

4. Is a non-Muslim spouse entitled to inheritance from a Muslim partner?

No, under Sharia, a non-Muslim spouse cannot inherit from a Muslim unless a will provides for them within the one-third discretionary portion.

 

6. Do adopted children inherit under Sharia law?

No, adopted children are not considered legal heirs but can be gifted up to one-third of the estate through a will.

 

7. Can I avoid Sharia-based inheritance rules as an expat in the UAE?

 Yes, non-Muslim expats can opt for the laws of their home country by registering a will with the DIFC or ADJD.

 

8. What documents are needed to claim inheritance under Sharia law?

Key documents include the death certificate, legal heirs certificate, Emirates ID/passport copies, and the will (if any).

 

For any enquiries please fill out this form, or contact info@thelawreporters.com and  Follow  The Law Reporters on WhatsApp Channels