The emirates Parliament proposes a new resolution regarding residents
Hamid Ali Alabbar Al Shamsi, a member of the Federal National Council, has submitted a parliamentary proposal to the Ministry of Justice to amend Federal Law No. (5) of 1985 regarding civil transactions. The proposed amendment would make it possible for concerned government agencies to manage and invest the estates and funds of deceased foreign residents who did not have a will. The proposed amendment would also change the definition of "civil transaction." They are referred to as heirs or claimants, and they are charitable endowments established in the name of the individual who has passed away. The income and profits from these endowments are distributed to those who are less fortunate, those who are in need, and students of knowledge.
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During the most recent session of the Federal National Council, Al Shamsi asked a parliamentary question to the Minister of Justice, Abdullah bin Sultan bin Awad Al Nuaimi, about "handing over the estates of the deceased who do not have heirs to the local authorities concerned with endowments, so that they manage and invest in the name of the deceased, and it becomes a charitable endowment that is spent on the poor and needy." Al Shamsi's question was about "
A member of the Federal National Council named Hamid Ali Al-Abbar Al-Shamsi called on the Ministry of Justice to list all of the legacies for which no heir or claimant has been known for decades at the level of the emirates of the state. He also called on the Ministry of Justice to hand over these legacies to the competent authorities of the Awqaf Department, to manage and invest them in the name of the deceased, provided that it will be a charitable endow
In a video that was shared by the Federal National Council on its official pages across various social media platforms, Al Shamsi was heard saying the following: "We are waiting for the formation of a committee that includes concerned authorities, such as the Ministries of Justice, Finance, Health and Community Protection, and the General Authority for Islamic Affairs and Endowments, in addition to the relevant local authorities and departments, to discuss issuing legislation or A law on this file," pointing out that "we are waiting for the formation of a committee that includes
He went on to say that: "Article 360 of the Personal Status Law stipulates that the inheritance of a person who has no heir is a charitable endowment in his name for the poor, the needy, and students of knowledge." Whoever dies without heirs will have a benevolent endowment established in his name to benefit the destitute, the impoverished, and those seeking knowledge; the Endowments Department will be in charge of its management.
Because the deceased did not leave behind any heirs, the law made the decision to establish a charitable endowment in his name as a way to honour his memory. This was done so that the deceased would have a reward that would last forever, and so that the proceeds of the endowment could be given to those who are in need as well as students of knowledge. This was done due to the fact that these demographics are present in society and have a need for help and assistance.
Al Shamsi brought up the fact that Article 17 of the Civil Transactions Law No. 5 of 1985 states that "the financial rights existing on its territory, pertaining to a foreigner who has no heir, are devolved to the state, as the heirs of those who have no heir," while Article 360 of the Status Law states that "the legacy of those who have no heirs is a charitable endowment for the poor, the needy, and students of knowledge," emphasizing the importance
As he explained it, "There have been accounts in the state courts for decades that have no heir until now, and then we ask the Ministry of Justice and the Sharia courts to look into these funds." Taking the necessary legal steps to grant the authority to the endowment body in each emirate to dispose of this endowment or invest it, with the revenues from either option going to those who are less fortunate and serving as a benevolent endowment for those who have passed away.
Establishment of a Committee for a "Inventory of Inheritance"
It was confirmed by the Ministry of Justice that coordination was made with the General Authority for Islamic Affairs and Endowments in order for the authority, in its capacity as the competent authority, to submit a proposal to the Council of Ministers. This was done in light of the significance of developing a stringent procedural mechanism for inventorying vacant estates, as well as the umbrella of collective and complementary work, and cooperation between all ministries and federal agencies in the country.
She indicated that the issuance of a decision to form the aforementioned Coordinating Committee for the purposes of establishing a mechanism to count the legacies of those who have no heir will work to reach the vacant legacies, count them, and preserve their funds, with the goal of investing them from the authority entrusted with that task, which is the General Authority for Islamic Affairs and Endowments, so that This legacy will be an effective charitable endowment as long as there is no heir to inherit