Can a Muslim expatriate make a will?

According to Shariah law, a Muslim can bequeath a certain percentage of his or her assets based on a will, but it has to be given to a non-heir.

“Muslims can give away up to a third of their assets to a non-heir, the rest are distributed as per the Shariah law,”

This would mean that if a Muslim man wishes to give part of his wealth to his surviving wife who is Christian or Jewish (as they are not an heir as per Shariah), he can do so, but only up to one-third of the total wealth.

This would also allow an individual to give away part of their wealth in charity, but again to a maximum of one-third of their assets.

How is the inheritance distributed?

The distribution of assets can vary quite a bit depending on who the surviving members of the family are, as there are set percentages of the wealth allocated based on the principles of Shariah law.

For example, if a person has two daughters, they will inherit two-thirds of the assets, while the rest will be distributed to the remaining heirs, if any. In the case of death of a man who is survived by his wife, two sons and two daughters, the asset distribution would be as follows:

Son 1 – 29.16 per cent

Son 2 – 29.16 per cent

Daughter 1 – 14.58 per cent

Daughter 2 – 14.58 per cent

Wife – 12.5 per cent

In case the man is survived by his parents, his wife, a son and two daughters, this is how his assets would be distributed:

Son – 27.08 per cent

Daughter 1 – 13.54 per cent

Daughter 2 - 13.54 per cent

Father – 16.67 per cent

Father – 16.67 per cent

In case a woman is survived by her husband, two sons, a daughter and her parents, this is how her assets would be distributed:

Husband – 25 per cent

Son 1 – 16.66 per cent

Son 2 – 16.66 per cent

Daughter – 8.33 per cent

Mother – 16.67 per cent

Father – 16.67 per cent

Does this apply to my assets outside the UAE?

The courts would only apply the rulings to money, property and other assets that are within the UAE. In case the expatriate man or woman has assets in other countries, the respective country’s laws would be applicable.

What is the Islamic perspective on wills and inheritance?

Writing a will is an extremely important step for Muslims and that inheritance distribution is determined based on what is mentioned in the Quran.