As a Muslim living in England or Wales, you may wish to ensure that your estate is distributed in accordance with Islamic principles after your death. At the same time, you must also comply with the legal requirements of English law. One of the most common questions we receive at Blackstone Solicitors is: “Can I leave everything to my children in a Sharia-compliant will?”
The answer is nuanced. While English law provides broad testamentary freedom, Islamic inheritance law imposes specific rules on how an estate should be divided. This article explores how you can balance both systems and what you need to consider when drafting a Sharia-compliant will in England and Wales.
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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 Rules
Under Islamic law, inheritance is governed by fixed shares as outlined in the Qur’an and further interpreted through the Sunnah and scholarly consensus. These rules are not discretionary; they are considered divine commandments.
Key features of Sharia inheritance include:
- Fixed shares: Certain relatives—such as spouses, parents, and children—are entitled to specific portions of the estate.
- Two-thirds rule: At least two-thirds of the estate must be distributed among the Qur’anic heirs.
- One-third discretion: You may bequeath up to one-third of your estate to individuals or causes not entitled to a fixed share, such as charities or distant relatives.
- Gender-based shares: Typically, male heirs receive twice the share of female heirs in the same category (e.g., a son receives twice as much as a daughter).
English Law and Testamentary Freedom
In contrast, English law allows individuals to leave their estate to whomever they choose, provided the will is valid. There are no mandatory shares for family members, although the Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to challenge a will if they believe they have not been adequately provided for.
- To be valid under English law, a will must:
- Be made by someone aged 18 or over
- Be made voluntarily and without pressure
- Be made by someone of sound mind
Be in writing and signed in the presence of two witnesses (who are not beneficiaries)
Can You Leave Everything to Your Children?
If you wish to leave your entire estate to your children, this is legally permissible under English law. However, doing so may not be compliant with Sharia principles unless your children are the only Qur’anic heirs and their shares align with Islamic rules.
For example:
If your spouse or parents are still alive, they are entitled to fixed shares under Sharia. Omitting them would render the will non-compliant.
If you have both sons and daughters, giving them equal shares would also conflict with traditional Islamic inheritance rules.
Therefore, leaving everything to your children may only be Sharia-compliant in very limited circumstances—such as when no other Qur’anic heirs exist, and the distribution among children follows the prescribed ratios.
Structuring a Sharia-Compliant Will in the UK
To create a will that is both legally valid in England and compliant with Sharia, consider the following steps:
- Identify All Heirs
List all potential heirs, including spouse, parents, children, and siblings. The exact distribution of your estate can only be determined at the time of death, as it depends on who survives you.
- Divide the Estate Accordingly
Ensure that at least two-thirds of your estate is allocated to Qur’anic heirs in the correct proportions. The remaining one-third can be used for discretionary bequests.
- Appoint a Muslim Executor
While not a legal requirement in the UK, appointing a Muslim executor can help ensure that your wishes are carried out in accordance with Islamic principles.
- Include a Declaration of Faith
Many Muslims choose to include a statement of faith (Shahada) in their will, along with a request for Islamic funeral rites.
- Consult a Specialist Solicitor
Given the complexity of aligning two legal systems, it is essential to seek professional advice. A solicitor experienced in both English and Islamic law can help you draft a will that respects your faith and meets legal standards.
Common Pitfalls to Avoid
Assuming Equal Shares Are Fair
While equal distribution among children may seem fair from a Western perspective, it contradicts Sharia principles unless justified by specific circumstances.
Failing to Update the Will
Life events such as marriage, divorce, or the birth of a child can affect your estate. Regularly review and update your will to reflect your current situation.
Using DIY Templates
Generic will-writing kits rarely accommodate the intricacies of Sharia law. A bespoke will drafted by a qualified solicitor is far more reliable.
What Happens Without a Will?
If you die intestate (without a valid will), your estate will be distributed according to the rules of intestacy in England and Wales. These rules do not consider Islamic principles and may result in outcomes contrary to your religious beliefs.
For example:
- A spouse may inherit the majority of the estate, leaving little for children or parents.
- Non-marital partners and stepchildren receive nothing.
- The estate may pass to distant relatives or even the Crown if no eligible heirs are found.
Conclusion
While English law allows you to leave your estate to anyone, a Sharia-compliant will imposes specific obligations that must be carefully observed. Leaving everything to your children may not be compliant with Islamic inheritance rules unless certain conditions are met.
At Blackstone Solicitors, we specialise in drafting wills that honour both your legal rights and religious values. Our team can guide you through the process, ensuring your estate is distributed in a way that reflects your faith and protects your loved ones.
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.
To read more about our Private Client Services, please visit:
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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