Wills and Inheritance in Islamic Sharia and Omani Law

Introduction

Wills and inheritance are among the most sensitive legal matters, as they determine how wealth is transferred after a person’s death. Islamic Sharia governs these issues with precise rules to ensure fairness and justice. In Oman, these provisions are embedded within the Personal Status Law (Royal Decree No. 32/1997), which combines religious principles with clear legal procedures.

1. The Difference Between a Will and Inheritance

  • Will: A voluntary legal act by which a person allocates part of their wealth (not exceeding one-third) to someone of their choice, effective after death. A will must comply with Islamic principles and is not valid beyond one-third of the estate without the consent of the heirs.

  • Inheritance: The automatic transfer of the deceased’s assets and rights to eligible heirs based on Islamic law, following fixed shares (fractions) and without the deceased's intervention beyond a legal will.

2. How to Write a Legal Will in Oman

To ensure a will is valid in Oman:

  • It must be written clearly or documented with a notary.

  • It should include the testator’s and beneficiary’s details, and the exact assets being bequeathed.

  • It must not exceed one-third of the total estate unless all heirs agree.

  • It is highly recommended to officially register the will to prevent future disputes.

  • The testator can modify or revoke the will at any time before death.

3. Inheritance Distribution According to Omani Law

Inheritance in Oman follows Islamic Sharia rules:

  • Identify legal heirs (spouse, children, parents, siblings, etc.).

  • Calculate each heir’s share based on Islamic inheritance law.

  • Fulfill any debts and wills before dividing the estate.

Example: If the estate is OMR 1,000,000 and there is a wife and three children, the shares are distributed based on their religious entitlements after debts and wills are settled.

4. Common Inheritance Disputes

Some of the most common legal issues regarding inheritance include:

  • Contesting the validity of the will.

  • Disagreements among heirs regarding their shares.

  • One heir refusing to distribute or disclose the estate.

  • Missing legal documentation or unregistered property.

5. The Role of an Inheritance Lawyer

Hiring a specialized inheritance lawyer in Oman helps to:

  • Clarify each heir’s legal entitlements.

  • Properly draft and register wills.

  • File lawsuits or claims in case of disputes.

  • Facilitate official division of the estate.

  • Protect the client’s legal rights in family-related legal matters.

6. Can Heirs Waive Their Share of Inheritance?

Yes, heirs can legally waive their inheritance rights through an official and notarized agreement. After the estate is divided, heirs may also sell or exchange their shares.

Conclusion

Understanding wills and inheritance under Islamic Sharia and Omani law is essential for every individual. It not only secures legal rights but also preserves family unity after the passing of a loved one. To avoid conflicts, it is always advisable to consult with a professional inheritance lawyer who can guide the legal process and ensure compliance with religious and legal standards.