Inheritance and succession for Muslim residents in the UAE is governed by Federal Law No. 28 of 2005 on Personal Status (the "Personal Status Law"), which applies the Islamic rules of inheritance (fara'id) to the estate of any Muslim decedent — UAE national or expatriate. This guide covers how fara'id works, the succession court process, real estate inheritance, and planning options within Islamic law.
Contents
- Legal Framework
- Fara'id — The Islamic Rules of Inheritance
- Quranic Heirs and Their Shares
- Testamentary Disposition (Wasiyya)
- Real Estate and UAE-Situated Assets
- Succession Court Process
- Bank Accounts and Financial Assets
- Muslim Expatriates
- Planning Within Islamic Law
- Estate Administration Checklist
- FAQs
Legal Framework
Federal Law No. 28 of 2005 on Personal Status (as amended) is the primary statute governing inheritance, succession, and family law matters for Muslims in the UAE. It applies to all Muslims domiciled or habitually resident in the UAE, and to UAE-situated assets of Muslim decedents even if the deceased was habitually resident abroad.
The Personal Status Law incorporates the Maliki school of Islamic jurisprudence as the default, with reference to other schools (Hanafi, Shafi'i, Hanbali) where appropriate for the deceased's personal law or where the court considers another school's position more equitable in the circumstances. UAE nationals and Muslim expatriates are equally subject to these rules in respect of their UAE assets and personal status.
Key interaction with other UAE law:
- Real property: UAE-situated real property distributes by fara'id regardless of the deceased's nationality. DLD transfer of title requires a succession order from the Personal Status Court.
- Commercial companies: Shares in UAE mainland companies are typically transferred through the succession court process and then through the relevant commercial register. Free zone shares follow each free zone's own succession rules, many of which still require a UAE court succession order.
- DIFC/ADGM wills: Non-Muslims can use these wills to opt out of the fara'id system for their UAE-situated assets. Muslims cannot use the DIFC/ADGM Wills system to deviate from fara'id — those registries are for non-Muslims only.
Fara'id — The Islamic Rules of Inheritance
Fara'id (plural of farida — obligatory share) are the rules prescribed in the Quran and Sunnah for the distribution of a Muslim's estate after death. They operate automatically on death — there is no opt-out for Muslim decedents, and a wasiyya (will) can only operate on one-third of the estate. The remaining two-thirds (or more) distribute by fara'id to the legal heirs.
Fara'id distributes the net estate — i.e., assets remaining after payment of:
- Funeral expenses
- Outstanding debts (including any outstanding mahr/dower owed to the surviving spouse)
- Any valid wasiyya (up to one-third of the estate, to non-heirs)
- Costs of administering the estate
What remains is the "hereditary estate" distributed by fara'id to the Quranic heirs in their prescribed proportions.
Quranic Heirs and Their Shares
The primary Quranic heirs and their standard shares (assuming the estate includes both male and female children — the most common scenario for a married man with children):
| Heir | Share (with children) | Share (without children) |
|---|---|---|
| Surviving wife | 1/8 | 1/4 |
| Surviving husband | 1/4 | 1/2 |
| Mother | 1/6 | 1/3 (if no siblings) |
| Father | 1/6 | Residual (asaba) |
| Sons | Residual estate equally | Residual estate |
| Daughters (alone) | 2/3 shared equally | 2/3 (if two or more) |
| Son + Daughter | Son takes 2× daughter's share | — |
These shares can be significantly affected by the specific combination of heirs who survive. For example, a surviving father typically blocks more distant paternal relatives; sons typically block brothers of the deceased. The application of fara'id in complex family situations (multiple wives, step-children, half-siblings) requires careful calculation by the Personal Status Court. The court appoints a specialist fara'id calculator (hasib) in complex cases.
Testamentary Disposition (Wasiyya)
A wasiyya is a testamentary disposition permitted under Islamic law, but subject to critical limitations:
- One-third cap: A wasiyya cannot dispose of more than one-third of the net estate (after debts and expenses). Any excess is void unless ratified by all the heirs after death.
- No benefit to heirs: A wasiyya cannot be made in favour of a person who is already a Quranic heir. A legacy to a son or daughter in a wasiyya is void (unless, again, all other heirs ratify it after death).
- Takes effect after death: A wasiyya is revocable during the testator's lifetime and automatically lapses if the testator recovers from a final illness during which it was made.
- Subject to capacity: The testator must have had legal capacity at the time of making the wasiyya.
A notarised wasiyya (drafted by a notary at the UAE Notary Public) is the most reliable form. It should clearly identify the beneficiary, the subject of the legacy (cash, specific asset, or proportion of estate), and the testator's intent. An informal written wasiyya may also be valid if it satisfies the requirements of the Personal Status Law, but notarisation avoids disputes.
Real Estate and UAE-Situated Assets
UAE-situated real property distributes by fara'id regardless of the nationality, country of residence, or wishes of the deceased. The lex situs rule applies: UAE law governs UAE-situated real property.
Process for real property
Heirs cannot sell or transfer real estate registered in the UAE until they obtain a succession order (hukm tawzi') from the Personal Status Court confirming their entitlements. The DLD will not register a transfer without a valid court order. The process:
- File an application in the Personal Status Court of the emirate where the property is located
- Provide the death certificate (apostilled if issued abroad), the deceased's ID/passport, and identification documents for all heirs
- The court issues a preliminary order identifying the heirs and their fara'id shares
- A final succession order is issued after verification by the court-appointed fara'id calculator
- The DLD is notified; title is updated in the name of the heirs
- Heirs can then sell or partition the property by mutual agreement
Timelines: typically 2–6 months for uncomplicated estates. Complex estates with disputed heirs, multiple properties, or foreign elements may take significantly longer.
Succession Court Process
The Personal Status Court in each emirate handles succession for Muslim decedents. The primary court is determined by:
- The deceased's UAE emirate of residence at death (or last residence), or
- The location of UAE-situated assets if the deceased was domiciled abroad
Documents required for the court application:
- Original or apostilled death certificate (translated into Arabic)
- Marriage certificate (if surviving spouse claiming)
- Birth certificates of heirs
- The deceased's UAE resident card or passport
- Title deeds, bank account certificates, company registration documents (for the estate inventory)
- Certificate of no other heirs (letter from deceased's country of origin in some cases)
The court appoints a hasib (fara'id calculator) who prepares a formal distribution table. The court then issues the succession order. This order is the legal authority enabling heirs to access bank accounts, transfer real property, and deal with all UAE-situated assets.
Bank Accounts and Financial Assets
UAE bank accounts are frozen on notice of the account holder's death. Banks require the Personal Status Court succession order before releasing funds. Joint account rules vary by bank and account type — some joint accounts pass to the survivor; others are frozen. The CBUAE Consumer Protection Regulations require banks to have a published process for account release to heirs. Typical timeline for bank account release: 1–3 months after obtaining the succession order.
Muslim Expatriates
Muslim expatriates resident in the UAE are subject to UAE fara'id for all UAE-situated assets. Their foreign-situated assets (property in their home country, overseas bank accounts) are typically governed by the law of the relevant country. This creates "split estate" situations: the same person's estate distributes under two (or more) different legal systems depending on where each asset is located.
Where the deceased was domiciled abroad, UAE courts will apply UAE law to UAE assets and typically defer to the deceased's home country law for foreign assets. However, complications arise where the home country system differs significantly from fara'id — for example, a Muslim Pakistani national resident in the UK with assets in both the UAE and UK will have their UAE estate governed by fara'id and their UK estate governed by UK succession law.
Planning Within Islamic Law
Islamic law offers several permissible mechanisms for estate planning:
- Wasiyya: Dispose of up to one-third of the net estate to non-heirs (charities, friends, step-children from a previous relationship, etc.)
- Hiba (gift during life): A gift made during the testator's lifetime and completed by delivery transfers ownership immediately. Gifts made in mard al-mawt (last illness/anticipation of death) may be treated as wasiyya and subject to the one-third cap
- Islamic trust (waqf): A waqf dedicates assets to a charitable or family purpose and removes them from the hereditary estate. Waqf assets do not form part of the inheritance and are not distributable to heirs — the waqf continues after death
- Life insurance: Proceeds of a properly structured life insurance policy (takaful or conventional) may be structured to pass outside the estate to named beneficiaries, potentially avoiding fara'id on the insurance sum
- Corporate structures: Holding assets through UAE companies means shares (not the underlying assets) are in the estate. Share distribution still follows fara'id, but corporate reorganisation can address specific concerns
Non-Muslim expatriates: If you are non-Muslim and resident in the UAE, you should register a will with the DIFC Wills Service Centre or ADGM Wills Service. Without a registered will, your UAE-situated assets will distribute according to UAE law — which may not reflect your wishes. See our comprehensive DIFC Wills guide for non-Muslims.
Estate Administration Checklist
- Obtain the death certificate and have it apostilled/legalised if issued outside the UAE
- Gather all documents identifying heirs: marriage certificate, birth certificates
- Notify the banks holding the deceased's accounts (accounts will be frozen)
- Apply to the Personal Status Court in the emirate of residence for the succession order
- Identify all UAE-situated assets: real property (DLD search), company shares (Ministry of Economy register), bank accounts
- Appoint a UAE-licensed advocate to assist with the succession court filing
- Obtain succession order (hukm tawzi') confirming heirs and their shares
- Submit succession order to DLD for real property transfer; banks for account release
- Deal with foreign-situated assets under the relevant foreign law
- Obtain tax clearance if applicable (UAE: no inheritance tax, but some home countries tax foreign assets)
Frequently Asked Questions
What law governs inheritance in the UAE for Muslim residents?
Federal Law No. 28 of 2005 on Personal Status governs succession for Muslim residents. For Muslim decedents, inheritance distributes according to fara'id — the Quranic rules — regardless of whether the deceased was a UAE national or a Muslim expatriate.
Can a Muslim in the UAE make a will?
Yes — a wasiyya (testamentary disposition) of up to one-third of the net estate to non-heirs is permissible. A wasiyya cannot increase the share of a Quranic heir at another heir's expense. Notarisation is strongly recommended.
How is real estate in Dubai distributed on death for a Muslim expatriate?
UAE real property is governed by UAE law (fara'id) regardless of the nationality of the deceased. Property registered at the DLD must be transferred through the Personal Status Court succession process. Heirs cannot sell or transfer until a succession order is obtained.
Who are the main Quranic heirs?
In the most common scenario (married with children): surviving wife takes 1/8; mother 1/6; father 1/6; sons take the residual equally; daughters take half the share of a son from the residual. Exact shares depend on which heirs survive the deceased.
How do non-Muslims handle succession in the UAE?
Non-Muslim expatriates can register a will with the DIFC Wills Service Centre or ADGM Wills Service, allowing them to direct UAE-asset distribution according to their own wishes. Without a registered will, UAE Personal Status Law (fara'id) would apply. See our DIFC Wills guide.
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Published 2026-06-05. General information only — not legal advice. Contact us for matter-specific advice.