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Family Law
Islamic Inheritance in UAE: Distribution and Heirs' Rights
Islamic (Sharia) inheritance in the UAE is distributed among the heirs of a Muslim deceased in accordance with the rules of Islamic Sharia as codified in the Federal Personal Status Law. Its provisions apply to UAE nationals, and to non-nationals unless one of them insists on the application of his own law. The estate is not divided straight away: certain rights ranked by law are first settled from it, namely the deceased's funeral expenses, then his debts, then his will within the limit of one third, and only what remains is divided among the heirs. An heir inherits either by a fixed share (fard), a portion set by Sharia such as one half, one quarter, one eighth, two thirds, one third or one sixth; or by residuary inheritance ('asaba), an unfixed share that takes whatever remains; or by both together; or as one of the distant kindred (dhawu al-arham). Each heir's share is set by law according to his degree, his relationship to the deceased and the presence of other heirs, subject to rules on exclusion (hajb), proportional reduction ('awl) and return of the surplus (radd). Before any distribution, the death must be proven, the heirs determined and the estate inventoried before the estates judge, and anyone who deals with estate assets before that may face legal liability.
Order of rights attached to the estate before inheritance is distributed
Distribution of the inheritance cannot begin until certain rights ranked against the estate have been settled, in an order laid down by the Personal Status Law that must be followed; the heirs receive only the net estate left after these rights.
1Funeral expenses: the costs of washing, shrouding and burying the deceased, within reasonable limits.
2Payment of debts: the obligations owed by the deceased, both to God and to people.
3Execution of the will: within one third of the estate, unless the heirs consent to more.
4Division of the remainder: distributing what is left among the heirs according to their shares.
Conditions for entitlement to inheritance and impediments to it
Entitlement to inheritance requires that the death of the person whose estate is inherited be established, either actually or by a court judgment; that the heir be alive after him, even for a moment; and that a cause of inheritance (marriage or kinship) exist, with no impediment present. The most significant impediment is the intentional killing of the deceased without right or excuse where the killer is sane and of age: the killer is then barred from inheriting from him. Likewise, there is no mutual inheritance between persons of different religions.
Conditions of entitlement
Death of the deceased established · Heir alive after him · Cause of inheritance present · No impediment
Impediments to inheritance
Intentional killing of the deceased without right · Difference of religion between the deceased and the heir
Types of inheritance: fixed shares, residuary inheritance and distant kindred
The law divides the heirs' entitlement into three routes: inheritance by fixed share, which is a portion set by Sharia for its holder; residuary inheritance, an unfixed share under which the heir takes whatever remains after the fixed-share heirs, and an heir may combine a fixed share and residuary inheritance; and, where there is neither a fixed-share heir nor a residuary heir, the inheritance passes to the distant kindred.
The six fixed shares and who receives them
The law sets the fixed shares at six portions, to which the fixed-share heirs are entitled: the husband and the wife, the father and the mother, the grandfather and the grandmother, the daughter and the son's daughter, the sisters, and maternal siblings. The six shares are as follows:
Heirs' shares in detail
Each heir's share varies according to whether there is an “inheriting descendant†(sons, sons' sons and daughters) and whether other heirs are present. Below is a simplified overview of the main shares as set out in the law:
HusbandOne half with no inheriting descendant · One quarter if there is one
WifeOne quarter with no inheriting descendant · One eighth if there is one · Several wives share it
SonThe remainder as a residuary heir · With daughters, a male receives the share of two females
DaughterOne half for one daughter · Two thirds for two or more, when there is no son
Son's daughterOne half for one · Two thirds for more · One sixth as a complement in certain cases
FatherOne sixth with a male inheriting descendant · One sixth plus the remainder with daughters · The whole remainder when there is no descendant
MotherOne sixth or one third, depending on whether there is an inheriting descendant or two or more siblings · One third of the remainder together with the father and a spouse
GrandmotherOne sixth when there is no mother
Full sisterOne half for one · Two thirds for two or more, subject to conditions
Maternal siblingsOne sixth for one · One third for two or more, shared equally
Note
These shares are simplified for awareness purposes. The actual share changes as the composition of the heirs changes, and proportional reduction, return of the surplus or exclusion may affect the calculation, so the estate must be calculated case by case.
Residuary inheritance and the order of residuary heirs
A residuary heir is one who takes whatever remains of the estate after the fixed-share heirs, and may take the entire estate when he is the sole heir. The law ranks the classes of residuary heirs by blood relationship: priority goes first to the closer class, then to the nearer degree, then to the stronger tie of kinship, as follows:
1Descendants: the son and the son's son, however low
2Ascendants: the father, then the grandfather, however high
3Brotherhood: full brothers, then paternal half-brothers, and their sons
4Paternal uncles: paternal uncles and their sons, however low
Inheritance calculation in figures: three practical examples
Three examples of a net estate after debts and the will, assuming there are no heirs other than those mentioned:
A wife, two sons and a daughter; estate of AED 800,000
The wife takes one eighth because there are children, i.e. AED 100,000. The remaining AED 700,000 goes to the children as residuary heirs, a male receiving the share of two females, so it is divided into 5 parts: each son receives AED 280,000 and the daughter AED 140,000.
A wife, a father and a mother, with no children; estate of AED 1,200,000
The wife takes one quarter, i.e. AED 300,000. The mother takes one third of the remainder, not one third of the whole estate, i.e. AED 300,000. The father takes the remainder as a residuary heir, i.e. AED 600,000.
A wife, two daughters and a full brother; estate of AED 2,400,000
The wife takes one eighth, AED 300,000; the two daughters take two thirds, AED 1,600,000, in equal shares; and the full brother takes the remainder as a residuary heir, AED 500,000. This outcome surprises many people who have only daughters.
Online inheritance calculators, such as the Abu Dhabi Judicial Department service on the TAMM platform, are for guidance only; the final division rests on the certificate of inheritance and a court judgment, or on a notarised heirs' buy-out settlement (takharuj).
Exclusion: total and partial
Exclusion is the barring of a person who has a cause of inheritance from all or part of the inheritance because another heir with a better claim is present. It is of two kinds: total exclusion, which removes the heir from the estate altogether, and partial exclusion, which reduces his share from a larger to a smaller one. A person subject to an impediment to inheritance does not exclude others, whereas a person who is himself totally or partially excluded may still exclude those after him where the ground for exclusion exists.
Total exclusion
The heir is removed from the estate entirely because someone with a better claim is present
Partial exclusion
The heir's share is reduced from a larger to a smaller one
Proportional reduction, return of the surplus and distant kindred
The fixed shares may compete until they exceed the estate, in which case the estate is divided in proportion to the shares under what is known as “proportional reductionâ€, so that the shortfall falls on everyone proportionally. Conversely, if the fixed shares do not exhaust the estate and there is no residuary heir, the surplus is returned to the fixed-share heirs (other than the spouses) in proportion to their shares, under what is known as “return of the surplusâ€. If there is neither a fixed-share heir nor a residuary heir, the inheritance passes to the “distant kindredâ€, meaning every relative who inherits neither by fixed share nor as a residuary heir, such as daughters' children, sisters' children, and maternal uncles and aunts.
Obligatory bequest and bequests to an heir
The law grants grandchildren whose father or mother died before, or together with, the grandfather or grandmother an “obligatory bequest†(wasiyya wajiba) within one third of the estate, equal to what their parent would have inherited had he or she survived, provided it does not exceed one third. They are not entitled to it if they are heirs themselves or were given the equivalent without consideration during the grandparent's lifetime. A bequest to one of the heirs is not valid unless the other heirs of full capacity approve it, in which case it takes effect against the shares of those who approved it, or unless an overriding interest requires it and the court approves it. A bequest is valid despite a difference of religion, so a Muslim may make a bequest to his non-Muslim wife within one third, since she does not inherit from him.
Inheritance of non-Muslims and foreigners in the UAE
The Personal Status Law applies to non-nationals unless one of them insists on the application of his own law. Non-Muslims, however, are governed by the Civil Personal Status Law: the deceased may bequeath all of his assets in the UAE by will, and where there is no will, half of the estate goes to the husband or wife and the other half to the children, equally between males and females. Any foreign heir may request the application of the governing law, unless there is a registered will providing otherwise. This choice changes the shares fundamentally. See also our article on what happens to the assets and accounts of an expatriate who dies in the UAE without a will.
Concealing estate assets and circumventing inheritance rules
The Personal Status Law punishes with imprisonment and a fine of not less than AED 5,000 and not more than AED 100,000, or either penalty, anyone who conceals, squanders, destroys or fraudulently seizes any part of the estate assets, even if he is an heir. Any attempt to circumvent inheritance rules by sale, gift, will or otherwise is void. A buy-out settlement, in which an heir gives up his share in return for a specified consideration, must be notarised before the competent authority, and may be annulled at the request of an heir who was unaware of the true extent of the estate. This is where family disagreements turn into criminal cases and annulment actions, and the early involvement of a lawyer protects everyone's rights.
Procedures for determining the heirs and liquidating the estate
Before inheritance is distributed, a judicial process before the estates judge is required. It begins with proof of death and determination of heirs, proceeds through the inventory of the estate and settlement of the rights charged against it, and ends with its division and the distribution of shares. The estates judge may issue a judgment proving the death, determining the heirs, establishing, liquidating and distributing the estate, and appointing a guardian for minors and an administrator for the estate, and may hear disputes over the inventory, liquidation and division.
1Proof of death: by an official death certificate and the opening of an estate file before the competent court.
2Determination of heirs (certificate of inheritance): identifying the lawful heirs and their shares by a judgment of the judge.
3Establishing and inventorying the estate: preparing a list of the deceased's assets, rights and liabilities (the inventory list).
4Liquidation of the estate: funeral expenses, then payment of debts, then execution of the will within one third.
5Division and distribution: dividing the net estate among the heirs according to their shares and transferring ownership to them.
For more detail on the estates court, division of inheritance in Dubai and inherited real estate, read Inheritance Lawyer in Dubai: Division of Estate and Resolving Heir Disputes.
The lawyer's role in inheritance cases
Inheritance cases are among the most sensitive matters, given intertwined shares, multiple heirs and diverse assets. The lawyer represents the heirs in obtaining the certificate of inheritance, establishing and inventorying the estate, defending them in disputes over division, exclusion and wills, and speeding up the release of frozen accounts and the transfer of title to real estate and other assets, so that each heir's share is protected and the estate is not dissipated. For shares in companies, see our article on family company disputes in the UAE, and for heirs living outside the country, see our guide on how to appoint a lawyer from outside the UAE.
“
Most inheritance disputes do not arise from the shares themselves, but from delays in establishing and inventorying the estate and from a lack of documentation. Early determination of heirs and an accurate inventory are what protect rights and prevent dissipation, and engaging a lawyer from the outset saves years of litigation.
Advocate Awadh Almheiri
Figures you should know
â…“The maximum portion of the estate that may be left by will, unless the heirs approve more.
100,000AED: the maximum fine, in addition to imprisonment, for anyone who conceals, squanders or seizes estate assets.
2The only two cases in which a bequest to an heir is permitted: approval by the heirs, or an interest approved by the court.
Important tips
Do not deal with any estate assets before the certificate of inheritance and the inventory: concealment or seizure is a crime even when committed by an heir.
Have any buy-out settlement or waiver between heirs notarised before the competent authority; do not rely on an informal paper signed among family members.
If there is a minor or an unborn child among the heirs, their share is protected, and the division can only proceed in accordance with court procedures.
Do not base a final division on an inheritance calculator before reviewing the debts and wills.
Legal references
Federal Decree-Law No. (41) of 2024 Promulgating the Personal Status Law.
Federal Decree-Law No. (41) of 2022 on Civil Personal Status, and its Executive Regulations issued by Cabinet Resolution No. (122) of 2023.
Federal Decree-Law No. (25) of 2025 Promulgating the Civil Transactions Law.
Federal Decree-Law No. (42) of 2022 Promulgating the Civil Procedures Law.
Frequently asked questions about Islamic inheritance in the UAE
Our services in Dubai
AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS in Dubai provides comprehensive inheritance and estate services, including obtaining certificates of inheritance and determining heirs, inventorying and liquidating estates, calculating Sharia shares, representing heirs in disputes over division, exclusion and wills before the Dubai Courts, and releasing frozen accounts and transferring title to real estate. Our clients in Dubai rely on our team's experience in resolving complex inheritance cases and protecting each heir's share in a multinational, multi-asset environment.
Our services in the other Emirates
The firm's practice extends to Abu Dhabi, Sharjah, Ajman, Umm Al Quwain, Ras Al Khaimah and Fujairah, where we keep pace with the inheritance rules codified in the Personal Status Law and the procedures of the estates judge at the judicial departments. We help families and heirs across the Emirates to prove death and determine heirs, to inventory, liquidate and divide estates, and to expedite the distribution of shares and the transfer of title, protecting everyone's rights and sparing them lengthy litigation and the dissipation of the estate.
