Dubai Expats, Sharia Law and Inheritance
When you chose to work in a foreign country such as the UAE you earn that well known title of expatriate or “expat”. As an expat you are well advised to find out about local laws and culture if you don’t want any nasty surprises down the line. It helps to avoid offending the locals and can prevent you making big financial mistakes as well. It is a bad idea and can be dangerous to assume things are the same as in your home country or the differences, such as they are, don’t really matter.
Sharia Law and expats
One area of of law in Dubai and the UAE that you will hear a lot about is Sharia Law, properly described as Sharia. Sharia does certainly operate differently to just about all western countries, when it comes to wills and inheritance provisions. This can be quite a concern for some families because it is misunderstood or misinterpreted. In fact it is a form of forced heirship that is common enough in Europe, e.g. in France. However it has aspects to it that are very different to most of the usual forced heirship rules as the sex of the close relatives can be a key factor in deciding who gets what. Additionally there is no clear easily accessible legal formula that lets everyone know in advance what the true inheritance picture will look like.
You should know, that in the UAE, Sharia definitely applies to UAE nationals and all Muslims. It will also apply, in certain circumstances, to the affairs of foreigners who are not Muslims. One situation is very clear, if you die intestate (i.e. without a valid will) your estate will be dealt with under Dubai/Sharia law.
Apart from having consequences you might not want or expect to happen, the additional burden on those you leave behind, in terms of additional time spent, effort, emotional stress, cost and delay do really add up to a set of compelling reasons not to die intestate whilst an expat in Dubai.
Are foreign wills valid?
For an expat English UK national, having a valid English Will whilst living in Dubai will ensure that any inheritance is dealt with under English law terms, save for any ‘real property’ owned in the UAE which stands to be treated differently.
As an example, if a British national owned a villa in Dubai, the Dubai courts would decide how it will be divided in accordance with the laws of Dubai using Sharia as a guide, even though the Will would be governed by English law. The rest of the estate e.g. money in Dubai bank accounts, will be dealt with under the terms of the UK will.
The whole issue around foreign ownership of UAE property is still a fairly new phenomenon in the country and the law is, perhaps, lagging a bit behind. It does seem now that it may be possible to have real property dealt with under the terms of a valid foreign will if there are no Muslims of nationals of the UAE in the picture, but this is by no means guaranteed. For now it is best to assume this probably wont happen.
Sharia distribution of an estate
Thie implementation of Sharia, within the UAE law on inheritance, removes the ability to dispose of your estate in the way you chose to. Under Sharia law provisions you are only able to dictate the way a maximum of one third of your estate is passed on. The result might provide for a son to inherit twice as much as a daughter, or for a brother to get more than a bereaved wife, but ultimately it is all based on the circumstances of the family of the deceased and the order of inheritance within the Holy Qur’an as interpreted by a Sharia scholar. It can be very complicated and the outcome is uncertain.
Whether you’re studying law, or thinking about taking it up, it’s important to know what your options are once you clear the bar exam. So, what can you do with a law degree? That sounds like a rhetorical question – well, because what you do with a law degree is become a lawyer (obviously!). And since most of us lesser mortals think all lawyers do, is go to court and say “Objection, your Honor” at regular intervals, that’s probably what the layman thinks your options are as well. Unsurprisingly, there are far more alternatives than you may suspect. Of course, you can join a famous law firm and work your way up (over 16 hour days) to partner, but that isn’t the only way out. What can you do with a law degree, besides be a lawyer? Here goes.