Posts Tagged ‘Safety’

Inheritance Under Muslim Law: Framework of Sharia Law

September 23rd, 2022

1. What law governs the inheritance on the demise of UAE national or an expatriate?

In addition,Guest Posting main laws governing succession are Federal Law Number 5 of 1985 concerning the Civil Transactions Code (the Civil Law) and Federal Law Number 28 of 2005 regarding the Personal Status Law (the Personal Law).

Article 1(2) of the Personal Law states that the law will be applicable on all the citizens of UAE unless a non-Muslim foreign national have special provisions according to their community, which empowers the foreigner to have a choice of the law and avoid application of Shariah. Simultaneously, Article 17 of the Civil Law states that the inheritance will be governed by the law of the testator at the time of his death.

2. How the law of inheritance in UAE differs from other jurisdictions?

The law of inheritance in UAE is extensive and accommodate everyone irrespective of their religion and nationality. The succession for Muslim is governed by the Law of Shariah, whereas, the non-Muslim is authorized to choose the law of their home country. The Law of Shariah is capable of alteration and further interpretation.

Further, being a civil law jurisdiction, the impact of precedents is null as compared to other common law jurisdictions. As opposed to other authorities, UAE does not follow the “right of survivorship” wherein the jointly-owned property will be given to the surviving owner, and the UAE courts have exclusive authority to decide upon such matters.

3. Under the law of inheritance, who holds the right to claim the deceased’s estate?

The heirs and descendants have the right to claim the estate of the deceased according to the Shariah Law for Muslims. Whereas, beneficiaries of the will can claim the estate in case of non-Muslims if there is a legally certified will. In case of a deceased Muslim, the estate will only be transferred to those who qualify as an heir under principles of Shariah.

The primary step for courts in the event of the death of a Muslim is to determine the heirs and reconfirm it through two male witnesses along with documentary proof such as marriage or birth certificates. According to the principles of Shariah, spouse, parents, children, grandchildren, siblings, grandparents (paternal), uncles/aunts, nephews/nieces are considered as heirs to the estate. It further imposes several conditions on who can become an heir mentioned as below:

Any illegitimate children and adopted children will not be considered as heirs;
Non-Muslim cannot benefit from the estate of a Muslim;
A person committing murder to benefit from the estate will be ineligible to claim the estate;
Divorced women cannot claim from ex-husband’s estate unless they are in “iddat” period.

How Professional Law Firms Can Settle Down Your Family Issues Peacefully?

March 14th, 2022

How professional law firms can settle down your family issues peacefully is a question that many do not understand till now. There could be problems arising in a family and at times people do not have the patience to resolve it. In such a situation many families want an impartial arbitrator to mediate between them. The intervention of a professional law firm becomes indispensable under such circumstances.

There are a lot of family issues for lawyers to deal with. Some of the problems are like divorce, custody of a child, adultery, bigamy, pre-nuptial ties, post nuptial agreements, sharing the pension, land and property division, same sexual marriages and marital rape. There could be a lot of reasons than these for moving to the court of law. In order to manage such sensitive issues a law firm has to be professional.

At the same time it needs to have trained empathetic professionals who could the best to serve such clients. They also need to comprehend the problems of these clients in the best possible ways. There could be situation when attorneys have to take the role of a counselor and help clients in a positive way. Sometimes they even have to provide for shelter to them! All this has to be taken into consideration by professional lawyers.

Besides this these law firms also have to decode law and legal matters to their clients. A lay man does not know anything about law and its legal issues. For this a family lawyer has to step-in and explains all the legal terms and conditions to the clients. Along with this they also have to make their clients understand the consequences of the next move. Good law firms will always be giving these more importance as that builds their reputation.

You need to be aware of those firms who ask for upfront money. There are firms who never even bother to explain you anything. If you are a client you have all the right to hear what course events you should be following. Then you need to check whether they have customer support or not. You can consider the customer testimonials to get a good idea of how a law firm is.

These are the ways how professional law firms can settle down your family issues peacefully nowadays. A family feud is nothing new for law firms but a genuine firm will try to settle the matter out court or in court in a diplomatic way. They can explain it better that everyone will feel sorry once the feud is over. One day or the other this realization will make the family members ashamed of themselves. Hence they need to arbitrate in a way that all the legalities are handled in a restrained way.

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