Why are the emirs of Saudi-UAE and Qatar not dividing their properties under Sharia Law?

In many Muslim countries of the world, Sharia law is followed for distribution of property. There are pre-determined rules in this law as to who will get what share of a person’s property after his death. Generally sons get more shares than daughters and the rights of other relatives are also fixed. But now a new trend is emerging. Many rich families of Gulf countries are trying to distribute their property according to English law instead of Sharia law.

For this, they are making wills in London or creating trusts in areas like Jersey. Its purpose is not to avoid Sharia law, but to distribute property as per one’s wishes. Especially people want that daughters and sons should get equal share or the property should be distributed according to the circumstances of the family. According to the report, the trend of making a will under English law is increasing rapidly among the rich families of Gulf countries. Experts say that today’s new generation is more global thinking than before.

distribution should be done according to needs

According to the Financial Times report, children of many families live, study or do business abroad. In such a situation, they want that the distribution of property should be according to the needs of the family and not only on the basis of prescribed religious rules. In some families there are only daughters, somewhere there are situations like divorce or second marriage, and somewhere it is considered necessary to keep the business assets with only one heir.

• Many rich families of Gulf countries are making wills under English law instead of Sharia law.
• The main reason is said to be more equal distribution of property between sons and daughters.
• The use of Jersey Trust is also increasing, as it provides more flexibility in the distribution of property.

This is why many families are resorting to English law or Jersey Trust, where the person making the will gets more freedom to distribute his property. Although legal experts also say that this method will work in every case, it is not necessary. It also depends on which country the property is in and what the laws say there.

What is this in Sharia law?

The rules of inheritance are already decided in Sharia law. For example, in normal circumstances a son gets twice the share as a daughter. If a person has only one daughter, the entire property does not go to her, rather the remaining portion can also go to other legal heirs. In many cases, distribution of property becomes more difficult when there is more than one wife, stepchildren or a large joint family. This is why some families want different arrangements according to their circumstances.

Why are you liking London’s law?

Under the law of England, the person making the will has the right to a large extent as to whom and how much he wants to give his property. That is, according to his wish, he can give equal share to daughters and sons or can give more share to a particular member. This freedom is attracting rich families of many Gulf countries. Some legal experts also call this a Sharia-lite strategy, because families are planning their assets according to their needs while still respecting religious values.

Why is the demand for Jersey Trust increasing?

Not only English wills, but Jersey trusts are also becoming increasingly popular. In the trust, the property is kept according to pre-decided rules and it can be decided who will get the benefit, when and how much. According to the report, the share of Middle East beneficiaries among non-Jersey clients of Jersey Trust was 10.6% in 2020, which increased to 11.8% in 2024.

Will this method work in every case?

Legal experts do not have the same opinion on this. Some experts say that if the property is outside Britain, then the laws of that country may also apply. Therefore, just by making a will in England, there is no guarantee that the same rules will apply everywhere. It depends on which country the property is in and what the inheritance law there says.

benefits as well as risks

Making a will in London gives more freedom in distributing property, but it also has some disadvantages. Doing so may require sharing property-related information under UK rules, which increases paperwork and government scrutiny. Also, privacy may be reduced and tax related rules have also become more strict than before. Therefore, making a will in London just for the sake of tax saving or convenience is not always considered beneficial.

What should be done?

If you are thinking of making a will abroad, do not take the decision just by looking at the name or place. First of all, decide in which country your property is and what the laws say there. Decide in advance the rights of sons and daughters as well as clear rules and succession planning within the family. If necessary, adopt different legal systems for properties in different countries. Experts say that just by making a will in London, property disputes in every country do not automatically end.