Muslim Wills in Dubai Must Comply with Sharia and UAE Law

In Dubai, Muslims can secure a Sharia-compliant will by registering it with the Dubai Courts under UAE Federal Law No. 5 of 1985 (Civil Transactions Law) or, for assets in the DIFC, via the DIFC Wills and Probate Registry under DIFC Law No. 10 of 2004, ensuring the will does not override mandatory Islamic inheritance shares.

Related Services: Explore our Wills & Estate Planning and DIFC Courts services for practical legal support in this area.

HOW DOES SHARIA LAW AFFECT THE DISTRIBUTION OF A MUSLIM'S ESTATE IN DUBAI?

Under Sharia, a Muslim's estate is divided into fixed shares for specific heirs such as spouses, children, parents and siblings, with the remainder (the "residuary") distributed according to the degree of kinship. The UAE Personal Status Law (Federal Decree-Law No. 28 of 2005) incorporates these rules for Muslims, meaning any will that attempts to alter the prescribed shares is void to the extent of the conflict.

The law requires that a will cannot disinherit a legal heir entirely; it may only allocate up to one-third of the estate to non-heirs or to heirs beyond their prescribed share. This one-third limit is derived from the Quranic principle that a testator may bequeath a portion of his wealth freely, while the remaining two-thirds must adhere to the fixed shares. In practice, a Muslim testator in Dubai who wishes to leave a gift to a charitable organisation or a friend must ensure that the gift does not exceed one-third of the net estate after debts and funeral expenses are settled.

If a will attempts to give a larger portion to a non-heir, the DIFC or Dubai Courts will reduce the gift to the permissible one-third share and distribute the excess according to Sharia. Consequently, any estate planning must first calculate the mandatory shares, then decide how the discretionary one-third can be used.

WHAT STEPS MUST A MUSLIM TAKE TO REGISTER A WILL WITH THE DUBAI COURTS?

To register a will with the Dubai Courts, the testator must prepare a written document that complies with both Sharia principles and UAE civil law, then submit it to the Dubai Courts' Wills Registration Office. The process requires the testator's personal presence, a valid Emirates ID, passport copy, and two adult Muslim witnesses who are not beneficiaries. The will must be in Arabic or accompanied by a certified Arabic translation, and it must clearly state the testator's full name, nationality, religion, and details of assets and liabilities.

The Dubai Courts charge a registration fee that is published annually; as of the latest available schedule, the fee for a standard will is approximately AED 750, plus a nominal service charge for document handling. Once submitted, the court reviews the will for compliance with Sharia mandatory shares and civil formalities. If the review finds no conflict, the will is entered into the Register of Wills and a certified copy is issued to the testator. The entire procedure typically takes between five and ten working days, assuming all documents are correct.

After registration, the will becomes a legally enforceable instrument. Upon the testator's death, the executor named in the will must apply to the Dubai Courts for a probate order, presenting the registered will, death certificate, and a list of assets. The court then issues the probate, allowing the executor to distribute the estate according to the will's terms, subject to the Sharia-mandated shares that cannot be overridden.

HOW DOES THE DIFC WILLS AND PROBATE REGISTRY WORK FOR MUSLIMS WITH ASSETS IN THE DIFC?

The DIFC Wills and Probate Registry permits non-Muslims to register wills that opt out of Sharia inheritance; however, Muslims may also use the DIFC registry for assets situated within the DIFC, provided the will does not violate the mandatory Sharia shares applicable to those assets. The DIFC Law No. 10 of 2004 governs the probate process, and the DIFC Courts apply their own procedural rules while respecting the substantive law chosen by the testator-provided that choice does not contravene public policy, which includes Sharia inheritance rules for Muslims.

To register a will in the DIFC, the testator must submit a will written in English (or accompanied by a certified English translation), along with proof of ownership of DIFC-located assets, a passport copy, Emirates ID, and two witnesses who are not beneficiaries. The DIFC charges a registration fee that varies with the value of the assets covered; for estates up to AED 5 million, the fee is approximately AED 2 500, with higher fees for larger estates. The registry issues a certificate of registration, which is required for probate.

Upon death, the executor applies to the DIFC Courts for a grant of probate, presenting the registered will, death certificate, and asset schedule. The DIFC Courts issue the probate, allowing the executor to manage and distribute the DIFC assets according to the will. If the will attempts to allocate more than the permissible one-third to non-heirs, the DIFC Courts will adjust the distribution to comply with Sharia mandatory shares for the DIFC-located portion of the estate, while respecting any permissible dispositions within the one-third limit.

WHAT HAPPENS IF A MUSLIM DIES WITHOUT A WILL IN DUBAI?

In the absence of a will, the estate of a deceased Muslim is distributed automatically according to Sharia rules as codified in the UAE Personal Status Law. The Dubai Courts (or DIFC Courts for DIFC-located assets) identify the legal heirs-spouse, children, parents, siblings-and allocate the estate's net value after settling debts and funeral expenses. The fixed shares are:

• Wife: one-eighth if there are children, otherwise one-quarter.
• Husband: one-quarter if there are children, otherwise one-half.
• Sons: each receives twice the share of a daughter.
• Daughters: share equally among themselves.
• Parents: each receives one-sixth if there are children; otherwise the mother receives one-third and the father the remainder.
• Siblings: inherit only if there are no descendants or parents.

The court appoints an administrator (usually a close relative) to collect assets, pay liabilities, and distribute the net estate in accordance with these shares. No executor named by the deceased can act without a court-issued administration order. The process generally takes several months, depending on the complexity of the asset pool and any disputes among heirs.

Because the distribution is automatic, a Muslim who wishes to leave a gift to a friend, charity, or to favour one heir over another must create a will; otherwise, the law dictates the outcome.

FREQUENTLY ASKED QUESTIONS

What is the maximum portion of a Muslim's estate that can be freely bequeathed under Sharia?
A Muslim may bequeathe up to one-third of his net estate after debts and funeral expenses to anyone, including non-heirs or charitable causes. This limit is derived from Quranic verses and is upheld in UAE Federal Decree-Law No. 28 of 2005 (Personal Status Law). Any bequest exceeding this share is reduced to the one-third limit, and the excess is distributed according to the fixed Sharia shares.

Can a Muslim register a will in the DIFC if all of his assets are outside the DIFC?
The DIFC Wills and Probate Registry only accepts wills that cover assets situated within the DIFC. If a Muslim's assets are located exclusively in mainland Dubai or other emirates, the will must be registered with the Dubai Courts. However, a Muslim may still create a DIFC-registered will for DIFC-held assets and a separate Dubai-Courts will for the remainder, provided the two documents do not conflict.

What documents are required to probate a DIFC-registered will for a Muslim testator?
To obtain a grant of probate from the DIFC Courts, the executor must submit: the original DIFC-registered will (or a certified copy), the death certificate, a schedule of DIFC-located assets and liabilities, proof of the executor's identity (passport and Emirates ID), and the will's registration certificate from the DIFC Registry. The DIFC Courts may also request a notarised affidavit confirming that the will does not violate mandatory Sharia shares for the DIFC assets.

How long does it take to obtain a probate order from the Dubai Courts after submission of a registered will?
Assuming the will is already registered and all required documents are complete, the Dubai Courts typically issue a probate order within five to ten working days. Delays may occur if the court requests additional clarification, if there are objections from potential heirs, or if the estate includes complex assets requiring valuation.

Are there any taxes on inheritance in Dubai for Muslims?
The UAE does not impose inheritance tax, estate tax, or gift tax on individuals, regardless of religion. Consequently, a Muslim's estate is not subject to federal or emirate-level inheritance duties. However, fees for will registration, probate, and court services apply, as outlined by the Dubai Courts and the DIFC Registry.

Can a non-Muslim spouse inherit under Sharia if the deceased is Muslim?
Under Sharia, a non-Muslim spouse is not considered a legal heir for the purpose of fixed shares. However, a Muslim testator may bequeathe up to one-third of his estate to his non-Muslim spouse through a will. Any amount beyond the one-third limit would be invalid to the extent of the excess, and the excess would revert to the Sharia-prescribed heirs.

This article provides general information about Muslim wills in Dubai and does not constitute legal advice for any particular situation.
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