For Muslims living in England and Wales, writing a will that aligns with both Sharia law and English legal requirements is an important but often complex task. One of the most common questions we receive at Blackstone Solicitors is whether it is possible to write a Sharia-compliant will without involving an Islamic scholar.
The short answer is: yes, it is possible—but with important caveats. While you are not legally required to consult an Islamic scholar, doing so can help ensure that your will is not only valid under English law but also compliant with Islamic inheritance principles. This article explores the role of scholars, the legal framework in the UK, and how you can approach writing a Sharia-compliant will with or without religious consultation.
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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.
What Is a Sharia-Compliant Will?
A Sharia-compliant will is a legal document that distributes a Muslim’s estate in accordance with Islamic inheritance laws. These laws are derived from the Qur’an, Hadith (sayings of the Prophet Muhammad, peace be upon him), and centuries of scholarly interpretation.
Key features of a Sharia-compliant will include:
- Fixed shares for Qur’anic heirs (e.g. spouse, children, parents)
- One-third discretionary portion (Wasiyyah) for non-heirs or charitable causes
- Exclusion of heirs from the Wasiyyah unless other heirs consent
- Clear appointment of executors and guardian
Legal Requirements for a Valid Will in England and Wales
Under the Wills Act 1837, a will is legally valid in England and Wales if:
- The testator is over 18 and of sound mind
- The will is in writing
- It is signed by the testator
- It is witnessed by two independent adults who are not beneficiaries
There is no requirement under English law to involve a religious authority or scholar in the drafting of a will
Can You Write a Sharia-Compliant Will Without a Scholar?
Yes—But It Depends on Your Knowledge and Circumstances
If you have a good understanding of Islamic inheritance rules and are confident in applying them correctly, you may be able to draft a Sharia-compliant will without involving a scholar. However, Islamic inheritance law is highly detailed and context-specific, and even small errors can lead to non-compliance.
For example:
- The share of a daughter differs depending on whether she has siblings
- A mother’s share changes depending on whether the deceased has children or siblings
- The presence of grandchildren, half-siblings, or multiple spouses can complicate matters
Without expert knowledge, it is easy to miscalculate shares or inadvertently exclude rightful heirs.
When Should You Involve an Islamic Scholar?
While not mandatory, involving a scholar is strongly recommended in the following situations:
- You have a large or complex family structure
- You want to ensure strict compliance with Islamic law
- You are unsure about the status of certain heirs
- You wish to include charitable bequests or set up a Waqf (Islamic trust)
- You want to avoid disputes among heirs
An Islamic scholar can help interpret the relevant rules, identify all eligible heirs, and ensure that your will reflects both the letter and spirit of Sharia.
The Role of a Solicitor
Even if you choose not to involve a scholar, it is essential to involve a qualified solicitor—especially one familiar with both English law and Islamic principles. At Blackstone Solicitors, we offer:
- Drafting of legally valid wills
- Calculation of Sharia-compliant shares
- Structuring of the Wasiyyah (discretionary one-third)
- Advice on tax implications and estate planning
- Coordination with Islamic scholars if desired
We ensure that your will is enforceable in the UK while respecting your religious values.
Common Pitfalls of DIY Sharia Wills
Misidentifying Heirs
Islamic inheritance depends on who survives the deceased. A will that assumes a fixed list of heirs may become invalid if circumstances change.
Incorrect Share Calculations
The Qur’an specifies exact shares for certain heirs. Misapplying these rules can lead to injustice or disputes.
Overusing the Wasiyyah
You may only allocate up to one-third of your estate to non-heirs. Exceeding this limit without consent from other heirs renders the excess invalid under Sharia.
Ignoring English Law
A will that is Sharia-compliant but not legally valid in the UK may be disregarded by the probate courts.
How to Write a Sharia-Compliant Will Without a Scholar
If you choose to proceed without a scholar, follow these steps carefully:
- List All Potential Heirs
Include spouse(s), children, parents, siblings, and grandchildren. The presence or absence of each affects the distribution.
- Understand the Fixed Shares
Study the Qur’anic verses and scholarly interpretations that define the shares for each heir. Be aware that these may vary based on the family structure.
- Calculate the Wasiyyah
Determine one-third of your net estate (after debts and funeral expenses). Allocate this portion to non-heirs or charitable causes.
- Draft the Will
Include:
- A declaration of faith (optional)
- Appointment of executors and guardians
- Distribution of the estate in accordance with Sharia
- Specific bequests under the Wasiyyah
- A clause stating your intention to comply with Islamic law
- Ensure Legal Validity
Make sure the will is signed and witnessed correctly. Store it safely and inform your executors of its location.
Combining Legal and Religious Expertise
The most effective approach is to combine legal and religious expertise. At Blackstone Solicitors, we often work in collaboration with Islamic scholars to ensure that:
- The will is legally enforceable in England and Wales
- The distribution complies with Sharia principles
- The testator’s wishes are clearly and accurately expressed
- This dual approach provides peace of mind and reduces the risk of disputes or invalidation.
Conclusion
While it is possible to write a Sharia-compliant will without involving an Islamic scholar, doing so requires a deep understanding of both Islamic inheritance law and English legal requirements. For straightforward cases, a well-informed individual may be able to draft such a will independently. However, for more complex estates or to ensure full compliance, the guidance of a scholar and a solicitor is highly advisable.
At Blackstone Solicitors, we are here to support you in creating a will that honours your faith, protects your family, and stands up in law. Whether you choose to involve a scholar or not, our team will ensure that your wishes are respected and your legacy preserved.
At Blackstone Solicitors, we are committed to helping you navigate this process with clarity, confidence, and respect for your religious values. Whether you are planning your estate or establishing a charitable trust, our team is here 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.
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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