Inheritance is more than just a financial matter. It’s something personal and emotional. It often reflects the values, care, and relationships within a family. Religion, culture, and local laws have influenced inheritance sharing in many parts of the world. These traditional systems don’t always align with today’s ideas of fairness and gender equality.
For many, questions surrounding inheritance in the UAE spark curiosity, especially regarding gender rights. A common and controversial question often arises: Can a father legally deny his daughter her inheritance in the UAE? This question taps into a broader discussion about women’s rights and the intersection of religion and modern law. This blog will explore how inheritance laws work, specifically focusing on whether a father can legally deny his daughter her rightful share.
Legal Framework Governing Inheritance in the UAE
The primary legal documents governing the UAE’s inheritance laws are the Personal Status and Civil Transactions Law. These laws stipulate that:
- Sharia Law Application: In the absence of a valid will, it governs the distribution of the deceased’s property. This includes distributing shares to heirs, such as daughters, sons, spouses, and parents.
- Daughters’ Inheritance Rights: Sharia law recognizes daughters as legal heirs. They are entitled to a fixed share of the estate. Under the standard inheritance rules, she receives half of a son’s share. For instance, if a person dies, the estate divides into three equal parts, leaving one son and one daughter. The son receives two parts, and the daughter gets one part.
- Prohibition of Disinheritance: It prohibits the complete disinheritance of rightful heirs. Any attempt to disinherit her would be considered unlawful and contrary to Islamic principles.
Circumstances Under Which a Father Cannot Deny His Daughter’s Inheritance
While it is not permitted to disinherit her completely, certain conditions may affect the distribution:
- Existence of a Valid Will: A father may express his wishes regarding the inheritance through a legally recognized will. However, even in such cases, the will cannot contravene the fixed shares prescribed by Sharia law. For example, a father cannot will away the entire estate to one child, thereby disinheriting others, including daughters.
- Debt Settlement: Before distributing the estate, any outstanding debts of the deceased must be settled. This may reduce the overall estate available for distribution among heirs.
- Legal Challenges: The courts may declare a will invalid if they contest it and find it violates principles, such as attempting to disinherit a daughter.
Rights of Daughters in Inheritance
They have specific rights concerning inheritance:
- Entitlement to a Fixed Share
Daughters are entitled to a fixed share of their father’s estate. The exact share depends on the presence of other heirs. In the absence of sons, they may receive a larger portion.
- Right to Contest Unlawful Disinheritance
If a daughter believes she has been unlawfully disinherited, she can contest the will in court. The court will examine the will’s validity and ensure that the distribution complies with Sharia law.
- Inheritance in the Absence of a Will
If a father dies intestate (without a will), the property is distributed according to the fixed shares prescribed by law. In this scenario, the law guarantees them their rightful share.
Legal Recourse for Daughters Denied Inheritance
If she has been unjustly denied her rights, she has the legal right to challenge this in court. The UAE’s legal system allows individuals to seek justice and uphold their rights. Legal steps may include:
- Gathering Documentation: Collecting essential documents such as the deceased’s death certificate, marriage certificate, birth certificate, and property deeds.
- Consulting a Lawyer: Seeking legal advice from a lawyer experienced in these matters to understand the applicable laws and the process for filing a claim.
- Filing a Claim: Submitting a claim to the appropriate court, where the deceased resided.
- Mediation and Dispute Resolution: Mediation can be adopted to reach an agreement together, rather than having a judge make the final decision.
- Court Proceedings: Presenting evidence and legal arguments in court to support the claim.
- Enforcement of Judgment: Ensuring the court’s decision is implemented and the rightful inheritance is received.
Claim What’s Rightfully Yours By Hiring a Trusted Law Firm!
In the UAE, the law is clear—daughters have a rightful claim to a share in their father’s estate. Despite traditional misconceptions or attempts to bypass these rights, the legal system does not allow a father to deny his daughter her inheritance entirely. If any such situation arises, she has every right to take legal action and claim what the law guarantees her.
If you’re facing an inheritance issue or suspect your rights have been denied, Diana Hamade, recognized as one of the top law firms in Dubai, offers trusted, results-driven legal support. Her firm specializes in UAE family and inheritance law and has a strong record of defending clients’ rights with integrity and precision.
Claim what’s rightfully yours—speak to Diana Hamade today and protect your legal future!