Sharia Law Inheritance | What Every Muslim and Non-Muslim Expat Should Know?

Sharia law Inheritance explains how estates are divided across the Middle East when no will exists. It also shows how Muslims and non-Muslims can lawfully shape outcomes using wills in the UAE.

Introduction

Pause for a moment and review how assets are meant to move across generations. In the Middle East, that question carries legal weight. Sharia Inheritance law sits at the heart of how estates are handled when no planning exists. Many families assume personal wishes decide everything. Local law often decides instead. Understanding the framework before it applies makes the difference between control and default.

Sharia Inheritance law is not only a religious topic. It is a civil law reality in several Gulf jurisdictions, including the UAE. For Muslims, it defines fixed heirship shares. For non-Muslims, it becomes the default when no valid civil will exists. That is why every resident, regardless of faith, benefits from learning how this system works.

1. What Sharia Inheritance law really means

Sharia Inheritance is based on a system of fixed heirship, under which certain relatives are entitled to fixed shares of the estate. This framework applies primarily to muslims, and the allocation of shares is governed by prescribed rules rather than personal choice. Spouses, children, parents, and in some cases other relatives are granted defines rights, limiting the extent to which these shares may be altered, except as permitted by law.

For non- Muslims in the UAE, Inheritance is governed by a separate civil legal framework. Non Muslims, residents may opt out of sharia inheritance rules by registering a civil will under applicable UAE law, such as those administered by the DIFC Wills Service Centre or the Abu Dhabi Civil Family Court, which allow greater freedom in determining how assets are distributed.

2. How forced heirship works in practice

Fixed heirship is the backbone of Sharia Inheritance. Once an estate is opened, a court first identifies eligible heirs. Then it assigns each heir a fixed share.

For example:

• A husband may receive one quarter if there are children
  
• A wife may receive one-eighth
  
• Sons typically receive double the share of daughters
  
• Parents receive fixed portions even when children exist

These rules are not flexible. They apply regardless of family arrangements, business structures, or verbal promises. Under this law, assets held in bank accounts, real estate, and even shares in companies fall under this system unless protected by a will.

3. The One-Third Rule for Muslims

One of the most important ideas in Sharia Inheritance is the One-Third Rule. This allows a Muslim to freely distribute up to 33.3 per cent of an estate through a will. That portion can go to anyone, including friends, charities, or distant relatives who are not forced heirs.

The remaining two-thirds must go to fixed heirs according to Sharia law. That part cannot be altered.

This creates a planning window. A Muslim business owner, for example, can use the one-third portion to fund a foundation, support a spouse beyond the fixed share, or allocate part of a company to a trusted partner.

Without a will, even one-third of freedom disappears. Sharia Inheritance law then applies to the entire estate.

4. What happens when no ‘Will’ exists

When no ‘Will’ exists, Sharia Inheritance law becomes the legal default in the UAE. Courts freeze accounts, place holds on property, and begin heirship verification. That process can take months.

For families, this means no access to funds during that period. Business operations can stall. Property transfers pause. Even joint accounts may be blocked until the court confirms the rightful heirs.

For non-Muslims, this often comes as a shock. Without a Civil Will, the same Sharia Inheritance 101 rules apply, even when personal law from another country would normally govern inheritance.

5. The non-Muslim right to opt out

The UAE provides a civil succession regime for Non- Muslims. Non-Muslims in the UAE are governed by a separate civil personal status framework, distinct from Sharia inheritance rules. Non-Muslims are permitted to opt out of Sharia-based succession by registering a valid civil will. 

Two main registries offer this option:

• DIFC Wills Service Centre in Dubai
• Abu Dhabi Civil Family Court

These Wills allow 100 per cent freedom of distribution. Assets can be left to a spouse, children, business partners, or anyone else. Guardianship of minor children can also be defined.

Once registered, these Will override Sharia Inheritance  for the covered assets. Courts must follow the will, not forced heirship rules.

6. Why do expats need to take this seriously?

Sharia Inheritance affects more than personal savings. It reaches into:

• UAE real estate
• Free zone and mainland company shares
• Investment portfolios
• Joint accounts
• Personal valuables

Many expatriates hold most of their wealth inside the UAE. Without a registered Will, those assets fall under local succession law, not home country rules.

Families may expect assets to flow according to personal wishes. Sharia Law Inheritance does not recognize informal plans. Only a registered will changes the outcome.

7. Cross-border estates and Sharia law

International families face added complexity. Assets may exist in the UAE, Europe, Asia, or offshore jurisdictions. Sharia Law Inheritance applies to assets located in the UAE when no valid local will exists.

That means one estate can be governed by multiple legal systems. UAE property may follow forced heirship, while foreign assets follow another country’s law. This creates delays and legal costs.

A UAE-registered company Will bring clarity and alignment. It anchors local assets to one clear legal framework.

8. Arnifi Legal Support

Arnifi supports founders, investors, and expatriate families who hold assets and companies in the UAE. Company shares, IP, and holding structures all fall into the inheritance pool.

Through structured setups and compliant documentation, Arnifi helps ensure that ownership flows as intended rather than through default court rules. Sharia Law Inheritance sets the legal baseline. Arnifi builds the legal architecture that works around it.

This includes support for DIFC and Abu Dhabi Civil Wills, corporate structuring, and asset holding vehicles that align with succession goals.

9. Common mistakes that lead to forced heirship

Several patterns lead estates into unwanted outcomes under Sharia Inheritance 101:

• Assuming foreign wills apply in the UAE
• Relying on joint ownership as a workaround
• Leaving company shares in personal names
• Avoiding local will registration

These assumptions collapse once probate begins. UAE courts require local documentation. Without it, Sharia Law Inheritance governs the estate.

10. Conclusion

Sharia Inheritance principles is not an abstract theory. It is an active law across the UAE. For Muslims, it sets clear limits and the one-third window. For non-Muslims, it applies unless formally replaced by a civil will.

Ignoring this framework leaves families exposed to forced heirship, frozen accounts, and court-driven outcomes. Planning restores control.

With the right legal tools and structured support, estates pass according to intention, not default. Arnifi provides that structure, bringing clarity to complex holdings and protecting what matters most.