In the United Arab Emirates, creating a will is an important step to ensure that your assets are distributed according to your wishes after your passing. For Muslims living in the UAE, crafting a will that adheres to both Sharia law and local regulations is a crucial step in ensuring that your final wishes are respected and your assets are distributed according to your desires.

Many people mistakenly believe that creating a will is only necessary for the elderly or those facing health issues. This couldn’t be further from the truth. Life is unpredictable, and having a will in place, regardless of your age or health status, is a responsible action that provides peace of mind for you and your loved ones. 

For young professionals building their careers in the UAE, a will can protect their growing assets and provide for their families in case of unexpected events. For those in their prime years with established families and significant assets, a will ensures that their life’s work benefits their loved ones as intended. This blog will help you understand the importance of writing a Muslim will in the UAE and guide you through the process of how to create a Muslim will in the UAE.

Understanding Islamic inheritance laws in UAE

The foundation of inheritance laws for Muslims in the UAE is rooted in Sharia principles. These divine guidelines, derived from the Quran and Hadith, provide a comprehensive framework for the distribution of wealth after death. Understanding these principles is crucial when writing a Muslim will in the UAE.

Sharia law outlines specific shares for different family members, ensuring a fair and predetermined allocation of assets. For instance, in most cases, sons inherit twice the share of daughters. This is based on the Islamic principle that men have greater financial responsibilities towards their families. Parents, spouses, and in some cases, siblings also have predetermined shares.

The Islamic inheritance law applies to all Muslims residing in the UAE, regardless of their nationality. It’s important to note that while non-Muslim expatriates can choose to have their assets distributed according to the laws of their home country, Muslim residents and citizens are generally subject to Sharia inheritance laws.

One key aspect of Islamic inheritance law is the concept of forced heirship. This means that certain family members have an automatic right to inherit, and these rights cannot be overridden by a will. In practice, this limits the testator’s freedom to distribute their wealth entirely as they wish.

However, Islamic law does allow for some flexibility through the creation of a will. A Muslim can entrust up to one-third of their estate to non-heirs or charities. This provision allows individuals to support causes close to their hearts or provide for individuals who would not otherwise inherit under Sharia law.

When creating a Muslim will in UAE, it’s crucial to adhere to these Islamic guidelines. Failing to do so could result in the will being considered invalid. This is why it’s often recommended to consult with both legal experts and Islamic scholars when drafting a will.

How to create a Muslim will in UAE: Key requirements

Creating a valid Muslim will in the UAE requires paying attention to several important factors. First, the will must be in writing and signed by the testator (the person making the will) in the presence of two male Muslim witnesses. If male witnesses are not available, one male and two female witnesses can suffice.

The will should be written in Arabic, or if written in another language, an official Arabic translation must be provided. It’s also crucial that the will clearly states it is made according to Sharia law and that the testator is of sound mind and acting of their own free will.

Remember, under Islamic law, you can only entrust up to one-third of your estate to non-heirs or charities. The remaining two-thirds are distributed according to the fixed shares prescribed by Sharia law.

Writing a Muslim Will in UAE: Step-by-step process

• Begin by making a comprehensive list of your assets, including properties, investments, and personal belongings.
• Make sure that you are familiar with the Islamic inheritance laws to ensure your will complies with these principles. 
• Determine who you want to include in your will, keeping in mind the Sharia restrictions related to non-heirs. 
• Write your will clearly stating your wishes. Include details such as the appointment of an executor and guardian for minor children if applicable. 
• Have your will reviewed by a legal expert familiar with both UAE law and Islamic principles to ensure its validity. 
• Sign your will in the presence of the required witnesses and have it notarized by a UAE notary public. 
• While not mandatory, registering your will with the UAE courts can provide additional security and ease of execution.

Conclusion

Understanding and adhering to Islamic inheritance laws when creating a will in the UAE is not just a legal requirement—it’s a religious obligation. By following these guidelines, you ensure that your wealth is distributed in a manner that’s both personally meaningful and spiritually sound. This alignment of personal wishes with religious principles is at the heart of creating a Muslim will in the UAE.

Frequently Asked Questions

1. Can a non-Muslim create an Islamic will in the UAE?

Non-Muslims typically cannot create an Islamic will, but they can create a will that will be respected by UAE courts.

2. Is it necessary to register a Muslim will in the UAE?

While not mandatory, registering your will can make the execution process smoother.

3. Can I change my Muslim will after creating it?

Yes, you can amend your will as long as you follow the same procedures used in creating the original will.

4. What happens if a Muslim dies without a will in the UAE?

The estate will be distributed according to Sharia law as interpreted by UAE courts.

5. Can I include non-Muslim beneficiaries in my Islamic will?

Yes, but remember that bequests to non-heirs are limited to one-third of your estate.