Tuesday 9 October 2012

Court practice of Muslim Inheritance


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 query here is who the rightful heir of my husband’s legacy is 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.

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