ARTICLE
20 September 2016

UAE Family Matters Q&A: No Inheritance For Widower Who Is Of Different Religion

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Dr. Hassan Elhais

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Dr. Hassan Elhais, a long-standing member of the prestigious Amal Alrashedi Lawyers & Legal Consultants, is a renowned legal consultant in the UAE, specializing in family law, criminal law, civil law, company incorporation, construction law, banking law, inheritance law, and arbitration. Dr. Elhais has gained wide recognition in the country, winning numerous awards and accolades. He was declared the Legal Consultant of the Year in 2026 by Leaders in Law. He was also elected as the co-chair of the ‘Relocation of Children Committee’ of the International Academy of Family Lawyers (IAFL), a worldwide association of practicing lawyers, widely regarded as the most experienced and skilled family law specialists in their respective countries. Dr. Hassan Elhais’s continued recognition in the 2025 Chambers and Partners rankings for Family/Matrimonial services to High-Net-Worth individuals in the UAE from 2022-2025.
I am a Muslim man who was married to a Christian woman. My wife passed away, leaving assets in the UAE. Can I get shares in her assets in the UAE and how much would my share be?
United Arab Emirates Family and Matrimonial
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Question: I am a Muslim man who was married to a Christian woman. My wife passed away, leaving assets in the UAE. Can I get shares in her assets in the UAE and how much would my share be?

Answer: Article 318 of the UAE Federal Law No?28 of 2005, the Personal Status Law, states that "there is no inheritance if religions are different". Therefore, unfortunately, if you were to approach the court for a share in your late wife's assets, the judge would not grant you your request due to the article of the law.

Question: I am an Asian Muslim woman and I want a divorce from my husband. However, I do not know what I should do about my residence visa, as my husband sponsors me and he is refusing to cancel it. Should I leave it like that? I am scared that it will result in an immigration ban.

Answer: You need to bear in mind that, after divorce becomes irrevocable, your ex-husband will not have the right to sponsor you anymore anyway. Therefore, once you're divorced, you should be able to cancel your residence visa by filing a request with the immigration authorities, along with a copy of the final divorce decree.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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