For Muslims living in England and Wales, drafting a will that aligns with both Islamic principles and domestic law can be a delicate balancing act. One of the most frequently asked questions in this context is whether non-Muslim individuals—such as friends, neighbours, or even family members—can be included as beneficiaries in a Sharia-compliant will.
At Blackstone Solicitors, we understand the importance of honouring religious obligations while ensuring that your wishes are legally enforceable. In this article, we explore the Islamic legal position on including non-Muslim beneficiaries, how this interacts with English law, and how you can structure your will to reflect both your faith and your personal intentions.
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For a free initial discussion on how we can help you deal with the legal implications of creating an Islamic Will, get in touch with us today. We are also experienced in dealing with all aspects of Wills and Probate and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
Understanding Sharia Inheritance Principles
Islamic inheritance law, known as Ilm al-Faraid, is a highly structured system derived from the Qur’an, Hadith, and scholarly consensus. It outlines fixed shares for specific relatives, such as spouses, children, and parents, and is considered a divine mandate rather than a matter of personal discretion.
Key Features of Sharia Inheritance:
- Fixed shares: Certain heirs are entitled to specific portions of the estate.
- One-third discretionary rule: Up to one-third of the estate may be distributed at the testator’s discretion, provided it does not go to those already entitled to fixed shares.
- Exclusion of non-Muslim heirs: According to classical Islamic jurisprudence, non-Muslims are generally not entitled to inherit from Muslims through the fixed-share system.
This last point is particularly relevant when considering whether a non-Muslim can be included in a Sharia-compliant will.
Can Non-Muslims Inherit Under Sharia?
Under traditional interpretations of Islamic law, non-Muslims are not eligible to receive fixed shares of a Muslim’s estate. This is based on several Hadiths, including one reported in Sahih Muslim: “A Muslim cannot inherit from a non-Muslim, and a non-Muslim cannot inherit from a Muslim.”
However, this restriction applies specifically to the two-thirds of the estate that must be distributed among fixed heirs. The remaining one-third—known as the Wasiyyah portion—can be used at the testator’s discretion, including for non-Muslim individuals or charitable causes
Therefore, the answer is yes—with limitations:
- Non-Muslims cannot receive from the fixed shares.
- They can be included in the one-third discretionary portion.
- This allows Muslims to honour personal relationships or charitable commitments outside the immediate family, while still adhering to Sharia principles.
English Law and Testamentary Freedom
In England and Wales, the principle of testamentary freedom allows individuals to leave their estate to whomever they choose, provided the will is valid under the Wills Act 1837. There is no legal restriction on leaving assets to non-Muslims, and the law does not require compliance with any religious inheritance rules.
This means that a Muslim can legally leave their entire estate to non-Muslim beneficiaries under English law. However, doing so would not be considered Sharia-compliant and may cause distress or disputes among family members who expect the estate to be distributed according to Islamic principles.
Structuring a Sharia-Compliant Will with Non-Muslim Beneficiaries
To include non-Muslim beneficiaries in a way that respects both Sharia and English law, careful planning is essential. Here’s how it can be done:
- Identify Fixed Heirs First
Begin by calculating the shares of those entitled under Islamic law—typically spouses, children, and parents. This ensures that the two-thirds of the estate reserved for fixed heirs is properly allocated.
- Use the One-Third Discretionary Portion
The remaining one-third of the estate can be used to benefit:
- Non-Muslim friends or relatives
- Charitable organisations (Muslim or non-Muslim)
- Individuals not entitled to fixed shares under Sharia
This portion provides flexibility while maintaining compliance with Islamic principles.
- Include a Letter of Wishes
Although not legally binding, a letter of wishes can explain the religious reasoning behind the distribution. This can help prevent misunderstandings or disputes among beneficiaries.
- Appoint Knowledgeable Executors
Executors familiar with both Sharia and English law can help ensure the estate is administered correctly. In some cases, a Sharia scholar may be appointed to advise on the distribution.
Common Scenarios
Scenario 1: A Muslim Wishes to Leave a Gift to a Non-Muslim Spouse
Under Sharia, a non-Muslim spouse is not entitled to a fixed share. However, the Muslim testator may allocate part of the one-third discretionary portion to their spouse.
Scenario 2: A Muslim Wants to Leave a Bequest to a Non-Muslim Charity
This is permissible under Sharia, provided it falls within the one-third limit. Many Muslims choose to support humanitarian causes or institutions that reflect their values.
Scenario 3: A Muslim Has No Surviving Muslim Heirs
In such cases, the estate may be distributed entirely at the testator’s discretion under English law. However, to maintain Sharia compliance, it is advisable to consult a scholar or solicitor to determine the appropriate course of action.
Legal and Tax Considerations
Including non-Muslim beneficiaries in a Sharia-compliant will may have implications for inheritance tax and estate planning. For example:
Inheritance Tax (IHT): Gifts to UK-registered charities are generally exempt from IHT, which can be a useful tool for tax-efficient giving.
Potential Challenges: If a will is contested under the Inheritance (Provision for Family and Dependants) Act 1975, the courts may override the testator’s wishes to ensure reasonable provision is made for dependants.
Professional legal advice is essential to navigate these complexities and ensure your will is both valid and effective.
How Blackstone Solicitors Can Help
At Blackstone Solicitors, we specialise in drafting wills that respect our clients’ religious beliefs while complying with the legal framework of England and Wales. Our services include:
- Drafting Sharia-compliant wills
- Advising on the inclusion of non-Muslim beneficiaries
- Estate planning and inheritance tax advice
- Acting as executors or trustees
- Resolving disputes involving Islamic wills
We work closely with Islamic scholars and financial advisors to provide a comprehensive, faith-sensitive service.
Conclusion
Including non-Muslim beneficiaries in a Sharia-compliant will is possible—within limits. While Islamic law restricts non-Muslims from receiving fixed shares, the one-third discretionary portion offers a valuable opportunity to honour personal relationships and charitable commitments.
At Blackstone Solicitors, we are here to help you navigate this complex area with clarity and confidence. Whether you are drafting a new will or reviewing an existing one, our experienced team is ready to support you every step of the way.
We have a proven track-record of helping clients create a Will. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner and are knowledgeable in both UK inheritance law and Islamic principles We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
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https://blackstonesolicitorsltd.co.uk/services-for-you/wills/
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of creating a Sharia law compliant Will. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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