Can a Muslim Make a Will in the UAE?
When families ask whether a Muslim can make a will in the UAE, the confusion usually comes from how Sharia inheritance rules apply in the country. The short answer is: yes, a Muslim can make a will, but what you can and cannot include is slightly different from non-Muslim wills.
This explanation aims to keep things practical and easy to understand, without the heavy legal jargon.
Does UAE law allow Muslims to make a will?
Yes, Muslims can make a will in the UAE.
However, their will must follow certain Sharia principles, especially when it comes to distributing assets after death.
The purpose of a will for a Muslim is not to override Sharia inheritance. Instead, the will is useful for things like:
- Appointing guardians for young children
- Distributing up to one-third of assets at the person’s discretion
- Explaining how overseas assets should be handled
- Stating personal wishes that are not covered by inheritance rules
In most cases, the will works as a supportive document that guides the process rather than replacing the Sharia system.
How Sharia inheritance works for Muslims in the UAE
If a Muslim passes away in the UAE, the default system is Sharia-based inheritance through the UAE Personal Status Law.
This means heirs receive fixed shares based on Islamic principles. The shares change depending on who survives—such as spouse, children, and parents.
Generally:
- Sons receive a larger share than daughters
- Parents receive fixed percentages
- The spouse also receives a set share
These allocations cannot be changed by a will. A Muslim is not allowed to write a will that alters the distribution of the compulsory shares.
What a Muslim can include in their will
Even though inheritance shares are fixed, a Muslim’s will remains very useful.
The one-third rule
A Muslim may give away up to one-third of their wealth to anyone they wish. This could be a charity, a friend, or a relative who is not an automatic Sharia heir. Anything beyond one-third requires the approval of the Sharia heirs.
Guardianship for minor children
This is often the main reason Muslim parents make a will.
A will can clearly name who should look after the children if both parents pass away. Without a will, the decision is left entirely to the courts.
Instructions for overseas assets
Many residents hold property or bank accounts outside the UAE. A will can clarify how those foreign assets should be managed and can help avoid complications between different countries’ legal systems.
Personal wishes
A will can also cover non-financial matters such as repayment of debts, charitable intentions, or the handling of specific items.
What a Muslim cannot do in a UAE will
To keep everything in line with Sharia, certain things are not allowed:
- You cannot change the fixed Sharia shares of the heirs
- You cannot remove an heir who is entitled by Islamic law
- You cannot give away more than one-third to non-heirs
- You cannot contradict mandatory inheritance rules
Any part of the will that goes beyond these limits simply won’t be applied by the court.
How Muslim wills differ from non-Muslim wills in the UAE
Many people assume that all wills follow the same rules, but the difference is important:
- Muslim wills must follow Sharia inheritance
- Non-Muslims can choose their home country law or any foreign law
- Muslims can only freely distribute one-third of their assets, while non-Muslims have full freedom
- Both can register wills at the UAE courts
Where a Muslim can register a will in the UAE
Muslim wills are usually registered at:
- Dubai Courts
- Abu Dhabi Judicial Department
- Local Notary Public offices
Most families choose Dubai Courts or ADJD because the process is straightforward and well recognised.
Do you need a lawyer to prepare a Muslim will?
You are not legally required to hire a lawyer.
However, most families prefer professional help because:
- The one-third rule can be confusing
- Family situations may be complex (second marriage, step-children, overseas property)
- A draft that violates Sharia principles can be rejected
A lawyer ensures the will is valid and that your wishes fit within the Sharia framework.
