The UAE's primary legislation governing personal status and inheritance for Muslims is Federal Decree-Law No. 41 of 2022 on Personal Status, which replaced the earlier Federal Law No. 28 of 2005. For Muslims, this law mandates Sharia inheritance rules — Faraid applies to all Muslim decedents in the UAE regardless of nationality.

The UAE does not have a single unified madhab; Personal Status courts apply Sharia principles drawing on the Maliki and other madhab positions. In practice, UAE Personal Status courts follow broadly agreed-upon Faraid principles that are consistent across all four madhabs for the core fixed shares.

Faraid for Muslim Residents and Expatriates

If you are a Muslim living in the UAE — whether Emirati or expatriate — Sharia inheritance law applies to your UAE-based assets upon death. This includes:

  • Real property located in the UAE
  • UAE bank accounts and deposits
  • Business ownership interests registered in the UAE
  • Vehicles, investments, and other assets with UAE situs

For Muslim expatriates, this is a critical planning point. Even if your home country uses civil law inheritance, your UAE assets will be distributed under Faraid unless you have registered a valid will that specifies otherwise — and even then, UAE courts have discretion on real property.

DIFC Wills and Probate: The Non-Muslim Option

Since 2015, the UAE has offered a significant alternative for non-Muslim expatriates: the DIFC Wills and Probate Registry. Non-Muslims can register a will at the DIFC (Dubai International Financial Centre) that applies their home country's inheritance law to their UAE assets. This was expanded in 2021 with the Abu Dhabi Judicial Department's non-Muslim wills system.

For Muslim expatriates, the DIFC Wills system is not available to override Faraid for UAE assets — Sharia inheritance applies to Muslims regardless. However, Muslim expatriates can register a UAE will to specify executor, guardianship arrangements, and to clarify the Faraid distribution to facilitate the probate process.

Real Property and Faraid in the UAE

Real property (land and buildings) in the UAE is particularly subject to Faraid for Muslims. Under the Abu Dhabi and Dubai property laws, transfer of ownership upon death requires either a court order based on Sharia succession or a registered will. Without a will, the Personal Status court issues a Sharia-compliant distribution order that all property owners must follow.

Since 2020, Dubai has allowed non-Muslims in certain freehold areas to register wills to govern their property. For Muslims, however, Faraid remains mandatory for real property regardless of any contrary will instructions.

Bank Accounts Frozen at Death

One of the most immediately practical issues for families in the UAE: upon notification of death, UAE banks are legally required to freeze the deceased's accounts. Access is only restored upon production of a court-issued succession certificate (Tarikah) or inheritance order. This process can take weeks to months and requires legal representation.

Planning ahead — holding joint accounts with a surviving spouse where legally permissible, ensuring beneficiaries have access to emergency funds, and maintaining a registered will — can significantly reduce the hardship this creates for families.

No Inheritance Tax or Estate Duty

The UAE has no inheritance tax, estate duty, or capital gains tax on inherited assets. This makes the UAE one of the most tax-efficient jurisdictions in the world for wealth transfer, including Islamic estate planning. Faraid distributions occur without any deduction for government taxes — only debts, funeral expenses, and Wasiyyah are deducted before distribution.

Guardianship of Children

Under UAE Personal Status law, custody (hadanah) of minor children after a parent's death is determined by Sharia principles — typically the mother for young children, transferring to the father's family as children age. However, a registered will that specifies a guardian preference is taken into account by UAE courts, making a will valuable even for Muslims whose assets will follow Faraid automatically.

Nikah-Only Wives in the UAE

For a wife to have legal standing in UAE estate proceedings, the marriage must be registered under UAE law. An unregistered Islamic marriage — while valid under Sharia — may not be recognised by UAE civil courts for inheritance purposes. Muslim couples living in the UAE should ensure their marriage is registered with the UAE Marriage Court or their home country embassy to protect the wife's Faraid entitlement.

Practical Steps for Muslims in the UAE

  • Register your marriage with the UAE courts or consulate if not already registered.
  • Register a will at the DIFC or Abu Dhabi Judicial Department to specify executor and guardian preferences.
  • Maintain a list of assets and their locations — UAE bank accounts, property, business interests — accessible to your family.
  • Consider holding a joint emergency fund to avoid hardship from account freezing.
  • Use our calculator to pre-calculate how your estate would be distributed under Faraid so your family understands what to expect.
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Frequently Asked Questions

Yes. Faraid applies to all Muslim residents in the UAE — both Emirati nationals and Muslim expatriates — for UAE-based assets. This includes real property, bank accounts, and business interests registered in the UAE, regardless of the deceased's home country laws.
Not for Sharia-governed matters. The DIFC Wills Registry allows non-Muslims to opt for home country law, but Muslim expatriates cannot use this to override Faraid for UAE assets. Muslims can, however, register a will to specify executor preferences and ease the probate process.
Yes. UAE banks are legally required to freeze accounts upon notification of death. Access is restored only after the family obtains a court-issued succession certificate (Tarikah). This process typically takes weeks to months and can cause significant hardship. Joint accounts and registered wills can help mitigate this.
No. The UAE has no inheritance tax, estate duty, or capital gains tax on inherited assets. The Faraid estate is distributed in full to heirs, after deduction of debts, funeral expenses, and any valid Wasiyyah (up to one-third of the net estate).
UAE Personal Status courts apply Sharia principles broadly, without formally adopting a single madhab. In practice, the courts follow the broadly agreed-upon Faraid rules consistent across all four madhabs for core shares. Our calculator allows you to select your own madhab for planning purposes — the fixed shares will be the same; differences mainly arise in Radd and Dhawul Arham scenarios.