Home/Our Services
OTHER SERVICES
There are two types of courts in the UAE, ie, federal (the Emirates of Abu Dhabi, Sharjah, Fujairah, Ajman, and Umm Al Quwain) and local (the Emirates of Dubai and Ras Al Khaimah, which have retained their independent judiciaries). Both federal and local courts comply with the UAE Temporary Constitution of 1972. Both federal and local court systems are composed of three levels, ie, courts of first instance, courts of appeal, and the Federal High Court in Abu Dhabi or the Court of Cassation in the Emirate of Dubai. In the Emirate of Ras Al Khaimah, the judiciary is of two levels only, ie, courts of first instance and a court of appeal.
The Civil Procedure Act regulates the jurisdiction of the federal courts, their formation, and level in the hierarchy. The Act is applicable to all civil proceedings before the courts, ie, civil, commercial, and personal. Although the courts in the Emirate of Dubai are formed under and regulated by Act Number 3 of 1992, the Civil Procedure Act has been adopted and enforced in Dubai pursuant to Act Number 5 of 1992.
Q: I am a Muslim woman; two months ago, my spouse died in Dubai. I have two sons as well as my spouse’s father and mother. My question here is who is the rightful heir of my husband’s legacy and what is the court procedure and duration? Are my spouse’s parents entitled to inherit from the husband’s fortune? Please advise in this regard. ??
A: The questioner shall ask the Sharia Court to issue a Decree of Distribution, as the questioner shall provide two Muslim witnesses before the court, who are required to be aware of the deceased person and his family members so as to explain to the Sharia Court who the deceased’s relatives are. Therefore, the court will issue a Doctrinal Certificate within two days from the date of application in which it will state the rightful heirs of the deceased. As for the question on the deceased parents’ right of legacy, in accordance with the Islamic Sharia, the deceased’s parents inherit along with the questioner and her two sons (GN).
