Posts Tagged ‘Photography’

Inheritance Under Muslim Law: Framework of Sharia Law

September 26th, 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.

Legal – Law For Family Issues

March 23rd, 2022

Family Law is one area that involves family issues in a legal perspective and helps resolve conflicts in issues involving marriage, divorce, paternity, child support, alimony, adoptions, custodian rights and more. Family laws and attorneys are mainly involved with divorced or separated couples but have properties or children that are being shared.

Each state has its own laws governing these issues and disputes differently over issues like spousal support, child support, division of assets and property. These cases are different for unmarried couples who choose to live together without marriage and have children. There are a lot of permutations and combination and thus family laws are very area. However, if a couple has lived together for a certain number of years like 7 or higher then many states give the couple the same status as a married couple. If you do not fall into this category then the law will treat the couple as two separate individuals and there will be no responsibility or rights when the relationship ends.

Law for family cases are ones that are on the emotional side and need sensitive handling as they deal with relationships and associated issues. It is, therefore important that these issues should be carefully dealt with and the attorney also needs to act as a mediator at times. Also, child custody rights are an important part of the law. There are some laws governing these. Since, the 1970′s the courts award the child to the parent who can best take care of it for that age of the child.