Written by Dr. Hassan Elhais The Personal Status Law provides in Art. 1(2) the general rule that" the provisions of this law shall apply to non-UAE nationals" and the exception that "unless the foreigner elects to apply his or her personal status law".
The procedure for requesting the application of the home country law is for parties to bring the full law translated to Arabic and authenticated by the consulate and other official bodies as may be required by the courts.
Sometimes the courts are faced with the party only providing the provisions favorable to them and not the rest of the provisions of the law. The court in these cases always looks to the opposing party for the full and latest laws pertaining to the matter. The judge will rely on that law in whatever pertains to the dispute. If the foreign law has nothing to do with the case in the court, UAE Shariah law will be applied.
If a Muslim person comes to court and requests for the application of his home country Sharia law, the court will apply that law. As long as it is Shariah doctrine, it will be applied even if different in a school of thought and principle than the one followed in the UAE. Application of other faith law may be granted as long as it is compliant with Sharia doctrine. One example is a Hindu law that allows disinheritance of parents, this is in conflict with Shariah.
What are the options available to heirs to apply intentions of testator in the will?
1. Get the heirs to agree amongst themselves to divide the inheritance in accordance with the wishes of the deceased. Heirs can agree to give their share to others. If they are not physically present, then a Power of Attorney can be had to accomplish this; or
2. Get a foreign judgment validating the will and have it enforced in the UAE. As far as enforcement of judgment is concerned, formalities must be complied with because merits of the case are not usually looked into.(No article found for enforcement of foreign judgment).
Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.
Your email address will not be published. Required fields are marked *
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.
Contact Me
