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What is the Inheritance Rule if a Muslim Has the Nationality of a Non-Muslim State?

Inheritance Law

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Question:

What is the Inheritance rule if a Muslim has the nationality of a non-Muslim state? (e.g. UK, Canada, etc.).

 

Answer:

UAE assets left by that Muslim person would be distributed in accordance with Sharia rules and principles. In general, foreign law application is difficult for a Muslim because Sharia can easily apply to them;

The family or executor of the deceased Muslim person is not likely to be able to request a foreign law to apply to the UAE assets, Sharia law will still apply. Although it may be possible in some cases, there is no guarantee that it will be accepted because of the interpretation of the article. It would be highly unlikely also that a foreign will would upheld if the deceased is a Muslim regardless of his nationality at the time of his death;

A Muslim person’s will is limited to 1/3 of his estate. However, even if will disposition of the deceased’s assets exceeded 1/3 of the estate, it will remain valid and enforceable if the heirs consented to and approved the distribution;

There are intangible assets as shares of stock that may be owned under a corporate structure and may be transferred in a non-Sharia jurisdiction, hence, can be disposed of in accordance with the intentions of the testator.

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