What are the custody and guardianship rules for children of expat Muslim parents upon their death?

Hello,

In the event of the parent's death, custody is granted in the order of women if the child is within the age of child custody according to the Personal Status Law.

If the child reaches the age for male custody, the order is given to the male relatives (agnates) in sequence, in a manner that serves the best interest of the ward.

There are procedures that must be followed to ensure the designation of the caretaker according to the legal order.

We can provide detailed advice after verifying some information based on the child's age stages.

Write a clear legal will and notarize it at the Personal Status Court or DIFC Wills Center in Dubai.

Appoint a temporary guardian in the UAE if the permanent guardian is outside the country.

Inform the previously appointed guardians and ensure they agree to the role before registering them in the will.

Under UAE law, guardianship of a child is typically determined based on Islamic law, with priority given to paternal relatives.

However, parents can specify their chosen guardian by drafting a legally notarized will. You can contact us via WhatsApp for proper legal support, as we specialize in these cases.

Dear Questioner,

In the UAE, expatriate Muslim parents should consider the following points regarding guardianship of their children in the event of their death:

1. Legal Guardianship:

Under UAE law, if both parents pass away, the guardianship of their minor child typically defaults to the paternal side of the family. This means that the child's paternal relatives may have priority in assuming guardianship unless otherwise specified.

2. Wills for Guardianship:

It is highly advisable for expatriate parents to write a will that explicitly states their wishes regarding the guardianship of their children.

This will not only help ensure that their chosen guardians are considered but also provide clarity to the courts.

3. Appointing Guardians:

In the will, parents can specify who they wish to be the guardian of their child. This might include trusted friends or relatives. It is crucial that these individuals are aware of and agree to the responsibility before being named in the will.

4. Legal Notarization:

The will should be legally notarized and, if possible, registered with a local court or a recognized authority in the UAE to ensure its validity and prevent disputes.

5. Consideration of Sharia Law:

As expatriates, it’s important to note that UAE law follows Sharia principles, which may impact the guardianship decisions. Parents should consult with a legal expert familiar with both UAE laws and their home country’s laws to address any potential conflicts.

6. Review and Updates:

It is a good practice to periodically review and update the will, especially if there are changes in the family structure or personal circumstances.

In summary, expatriate Muslim parents in the UAE should draft a will to designate guardianship of their children in case of death, ensuring that all decisions are clearly laid out and legally recognized.

Legal advice from a qualified attorney is recommended to navigate the specifics of both UAE laws and their home country laws.

Expat Muslim parents in the UAE must navigate legal and cultural factors regarding child custody in the event of their death.

Under UAE law, primarily guided by Islamic Sharia, mothers usually have primary custody until a certain age, after which custody may shift to fathers or male relatives.

If a parent dies, the surviving parent retains guardianship unless proven otherwise; if both parents are deceased, custody goes to close relatives based on Islamic inheritance laws.

Parents can specify guardianship preferences in a legal will, detailing the names and rationale for their chosen guardians, ensuring compliance with local laws.

Writing a will is crucial; parents should consult legal experts, draft specific clauses about custody, and have the will witnessed and notarized to be binding.

Regular updates to the will are recommended to reflect significant life changes. Additionally, parents should consider how their choices regarding guardianship align with local cultural norms while respecting their own beliefs.

Overall, proactive legal documentation is essential for expat Muslim parents to secure their child's future in accordance with both Islamic and local regulations.

We are honored to represent you legally. Please contact us via phone or email for further assistance.

A Kind Greeting,

In the event of the death of Muslim parents, the responsibility for the care of the children falls upon the relatives according to the Islamic legal order, while ensuring the best interest of the child. The order is as follows:

- Paternal grandfather: If he is present and capable of caring for the child, he has the primary right to custody.

- Maternal grandfather: If the paternal grandfather is absent or unable to provide care.

- The closest eligible relatives from the mother's or father's side: Such as uncles, maternal uncles, or adult siblings, while considering the best option for the child. Additionally, a will can be written to designate a guardian for the children's upbringing.

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

Expat Muslim parents in the UAE should create wills to ensure their children's care after their death. Without a will, Sharia Law applies, which may not align with parents' wishes.

The father's death could result in guardianship going to male relatives, while the mother's custody rights may be limited.

If both parents die without a will, children might face institutional care. To avoid this, parents should draft separate wills specifying guardianship details.

This allows them to choose caregivers, bypass local inheritance laws, and protect children from institutional care.

Consulting with us to ensure the wills are properly drafted and recognized by local authorities.

You can contact us via WhatsApp for further clarification or additional support. We are dedicated to providing professional, timely, and comprehensive assistance tailored to your situation.

Thank you!

ABDUL WAHIED

Dear Questioner,

Thank you for your inquiry regarding the guardianship of your child in the event of your passing and the role of a will in ensuring that your child is cared for by the person you trust.

In the UAE, there are specific provisions for the guardianship and custody of children, and it’s essential to address these in advance through a will to ensure your wishes are respected.

Here’s a summary of the key points you should consider:

1. Guardianship Under UAE Law

For Muslim expat parents, the father is typically the guardian of the child, while the mother usually has custody until a certain age (usually 11 for boys and 13 for girls).

The father, as the guardian, would be responsible for making important decisions regarding the child’s education, healthcare, and financial matters.

Custody can be granted to the mother, but guardianship remains with the father unless otherwise specified.

Non-Muslim expats may have different provisions depending on their nationality and the laws of their home country, which may be applicable under the UAE's recognition of foreign laws for custody arrangements.

2. The Role of a Will in Guardianship

It is highly advisable for expat parents to write a will to appoint a guardian for their child in the event of their passing. A will allows you to specify who you want to take care of your child if you and your spouse are no longer able to do so.

In the will, you can name a trusted relative or friend who you believe is best suited to care for your child. While a guardian nomination in the will isn’t automatically enforceable, it is given considerable weight by the UAE courts, and the court will generally respect your wishes, provided it is in the best interest of the child.

3. Importance of Legalizing the Will

For your will to be recognized in the UAE, it is essential to register it with the relevant authorities, such as the UAE Wills Registry in Dubai or through the local courts in your emirate.

Registration ensures that your will is legally binding and your wishes regarding guardianship are clearly documented and enforceable under UAE law.

4. Court’s Role in Guardianship Decisions

The UAE court will ultimately make the final decision on who will be appointed as the guardian. If there is no will, or if the appointed guardian is not suitable, the court may choose another family member or individual based on the child’s best interests.

The court will also consider other factors, including the age and capabilities of the appointed guardian, their relationship with the child, and their ability to provide proper care.

5. What to Do Next

- Draft a Will: I recommend you start by drafting a clear will that explicitly names the person you would like to appoint as the guardian for your child. Make sure that this is done in accordance with UAE laws.

- Register Your Will: Once the will is drafted, register it with the appropriate legal authority in the UAE to ensure that it is recognized and enforceable.

- Seek Legal Advice: If you would like assistance with drafting the will or understanding the specifics of guardianship under UAE law, please don’t hesitate to contact me. I can guide you through the process to ensure everything is in order and that your wishes are respected.

Please let me know if you need any further assistance or clarification on this matter.

Best regards,

Mohammed Salah

Legal Consultant