1. Inheritance Laws in the UAE for Muslim women, the current situation:

The source of law which governs inheritance is Sharia which is the basis of a number of Federal Laws and the Personal Status Law. Simply put Muslim women have no means of opting out of the application of Sharia law at the time of the death of their husband.

2. What does this mean for Muslim women?

When their husband passes away his heirs and descendants have the right to claim his estate according to Sharia Law. The estate will only be transferred to those who qualify as an heir under the Sharia principles. The deceased husband has no means of stipulating to whom he would like to leave his estate, this is decided by the courts.

3. Who can claim ?

The majority of the deceased’s estate will be divided between his male heirs. For example, if in a family that consists of – one son ,one daughter, wife, mother, father, sister and brother, when the husband dies then the estate would be divided as follows: Wife will inherit ANY and ALL DEBT and a 12% share of the estate, the son will inherit 36% of the estate but the daughter only 18%. The dead husband’s parents and brother would each be entitled to 11% shares but the sister would receive nothing.

4. Can Muslim ladies make a Will?

Sharia Law does recognize wills for Muslims but only to a certain extent. It is similar to that of a non- Muslim with the following requirements:

• The Testator ( person making the will) must be over 21 years of age

• He/she should be of sound mind

• He/she must appoint a guardian for minor children

• The will must be notarized at a UAE Court

However – THE MAIN RESTRICTION to a Will drafted for a Muslim is that it can ONLY deal with 1/3rd share of the deceased’s estate. In addition to this any bequests made in the will require court approval and written consent from the heirs.

5. How can Muslim women protect themselves and their children in the event of the death of their husband ?

1. Financial Independence – setting up a ladies bank account in your personal name is ESSENTIAL. A surviving spouse will not have immediate access to money in bank accounts in the UAE or accounts held in joint names of both spouses. The deceased husband’s account will remain frozen until instructions from the UAE court are received and ALL the deceased’s debts in the UAE (including parking fines) are paid . The funds are distributed according to Sharia Law and this process can take up to several months.

2. Property – the most immediate issue following the death of a husband is whether the wife can continue to live in the family home. As per Sharia Law the deceased husband’s assets will not automatically be given to his wife. As outlined earlier the assets are divided between his male heirs. As a result, in circumstances where there is family discord, the widow may find herself ejected from the family home. An important consideration after marriage is having the property registered in the wife’s name.

3. Children – Personal Status Law distinguishes between custody and guardianship. Custody is defined as the upkeep and day to day care of a child (usually granted to the mother) whereas guardianship is predominantly awarded to the father as he is considered to be responsible for his child financially. If the husband/father dies in the UAE then under Sharia Law, guardianship would be awarded to the closest male relative on the father’s side. The mother would have custody of her children until the age of 11 for a son and 13 for a daughter, after which the Courts and the UAE local authorities would be involved in deciding the future of the children. It would be recommended in this case to have a written family arrangement drafted and signed to ensure that the mother retains custody and guardianship of her children. Although this is not legally binding , it could be used after the husband’s death to show the courts his intention.

Soma Gardi is the founding partner of SG Legal Consultants FZC, a specialised niche firm providing a bespoke service for clients requiring a DIFC Will. Please contact soma@sglegalconsultants.com for any further information.