Sharia inheritance in the United Arab Emirates is distributed among the heirs of a deceased Muslim in accordance with the rules of Islamic Sharia as codified in the Federal Personal Status Law, and it applies to the estate of a Muslim whatever their nationality. The estate is not divided directly; rather, an ordered set of rights is first settled out of it: preparing the deceased for burial, then paying their debts, then executing their will within the limit of one-third, and whatever remains is divided among the heirs. An heir inherits either by a fixed share (a prescribed portion such as one-half, one-quarter, one-eighth, two-thirds, one-third or one-sixth), or by residuary entitlement (an unfixed portion taking whatever remains), or by both together, or through kinship. Each heir has a share fixed by law according to their degree, relationship and the presence of other heirs, subject to the rules of exclusion (hajb), proportional reduction (awl) and redistribution (radd). Before distribution, death must be proven, the heirs identified and the estate inventoried before the estates judge.

Sharia Inheritance in the UAE: How Is the Estate Distributed and What Are the Heirs' Rights?

1. The Order of Rights Over the Estate Before Distributing the Inheritance

The distribution of an inheritance begins only after an ordered set of rights over the estate has been settled, ranked by the Personal Status Law in an order that must be followed; the heirs receive only the net amount remaining after these rights.

2. Conditions for Entitlement to Inheritance and Its Impediments

Entitlement to inheritance requires that the death of the deceased be established in fact or by judgment, that the heir survive them even for a moment, that a cause of inheritance exist (marriage or kinship), and that no impediment apply. The foremost impediment to inheritance is intentionally killing the deceased, which bars the killer from inheriting.

3. Types of Inheritance: Fixed Share, Residuary Entitlement and Kinship

The law divides the entitlement of heirs into three modes: inheritance by fixed share (fard), a portion prescribed by Sharia for its holder; inheritance by residuary entitlement (ta'sib), an unfixed portion whose holder takes whatever remains after the holders of fixed shares; an heir may combine a fixed share and residuary entitlement together; and where there is neither a holder of a fixed share nor a residuary heir, the inheritance passes to the distant kindred (dhawu al-arham).

4. The Six Fixed Shares and Their Holders

The law fixes the prescribed shares at six portions, due to the holders of fixed shares, who are: the husband and wife, the father and mother, the grandfather and grandmother, the daughter and son's daughter, the sisters, and the maternal siblings. The six shares are as follows:

5. The Heirs' Shares in Detail

The share of each heir varies according to the presence or absence of an inheriting descendant (children and a son's children) and according to the presence of other heirs. The following is a simplified table of the principal shares as set out by the law:

Note: these are simplified shares for awareness purposes; the actual share changes with the composition of the heirs, and proportional reduction (awl), redistribution (radd) or exclusion (hajb) may enter the calculation, so the estate must be computed in each case on its own facts.

6. Residuary Entitlement and the Order of the Residuary Heirs

The residuary heir ('asib) is the one who takes whatever remains of the estate after the holders of fixed shares, and may take the entire estate when no one else is present. The law ranks the residuary heirs by lineage, giving precedence to the prior class, then the nearer in degree, then the stronger in kinship, as follows:

7. Exclusion (Hajb): Total Bar and Partial Reduction

Exclusion (hajb) is the deprivation of a person who has a cause of inheritance from all or part of the inheritance because of the presence of another heir with priority over them. It is of two kinds: exclusion by total bar, which removes the heir from the entire estate, and exclusion by reduction, which reduces their share from the larger to the smaller. A person to whom an impediment to inheritance applies does not exclude others; but a person excluded by total bar or by reduction may exclude those after them where the cause of exclusion exists.

8. Proportional Reduction (Awl), Redistribution (Radd) and Distant Kindred

The fixed shares may crowd together until they exceed the estate, in which case it is divided in proportion to the shares in what is known as awl, so the reduction falls on everyone proportionately. Conversely, where the fixed shares do not exhaust the estate and there is no residuary heir, the remainder is returned to the holders of fixed shares (other than the spouses) in proportion to their shares, in what is known as radd. And where there is neither a holder of a fixed share nor a residuary heir, the inheritance passes to the distant kindred (dhawu al-arham) — every relative who inherits neither by fixed share nor by residuary entitlement, such as the children of daughters, the children of sisters, and maternal and paternal aunts and uncles on the mother's side.

9. Procedures for Identifying Heirs and Liquidating the Estate

Before distributing the inheritance, a judicial path before the estates judge is required, beginning with proving death and identifying the heirs, passing through inventorying the estate and settling the rights ranked over it, and ending with its division and the distribution of the shares. The estates judge may issue a ruling proving death, identifying the heirs, inventorying the estate, liquidating, distributing it, appointing a guardian over minors and an administrator of the estate, and may hear disputes over inventory, liquidation and division.

10. The Role of the Lawyer in Inheritance Cases

Inheritance cases are among the most sensitive of disputes, given the interlocking of shares, the multiplicity of heirs and the variety of assets. The lawyer represents the heirs in obtaining the succession declaration, inventorying the estate, defending in disputes over division, exclusion and wills, and expediting the release of frozen accounts and the transfer of ownership of property and assets, in a manner that safeguards each heir's share and prevents the dissipation of the estate.

Legal References

Frequently Asked Questions

Legal Disclaimer

The information contained in this article is of a general educational and awareness-raising nature, intended to spread legal culture and strengthen the awareness of individuals and families of the rules of inheritance and the importance of inventorying the estate early; it does not constitute legal advice applicable to any particular matter. The actual shares vary according to the composition of the heirs and the documents of the estate, and proportional reduction (awl), redistribution (radd) or exclusion (hajb) may enter the calculation.

For an accurate computation and a legal opinion suited to your situation, please contact our specialized legal team.

This English text is a translation provided for guidance; the Arabic-language version of this article is the authoritative reference in the event of any discrepancy.

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