Estate planning is a crucial process that allows individuals to dictate how their assets will be managed and distributed after their death. For Muslims living in England and Wales, the desire to ensure that their will aligns with Islamic principles while also being legally valid under UK law is both understandable and commendable. However, achieving this dual compliance requires careful planning, legal expertise, and a sound understanding of both Islamic inheritance rules and the statutory requirements of English law.
At Blackstone Solicitors, we specialise in preparing wills that are tailored to the needs of our diverse client base. In this article, we explore how you can ensure your will is both Sharia compliant and legally valid in the UK.
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Free Initial Telephone Discussion
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 Compliant Wills
In Islamic law, the rules governing inheritance are derived from the Qur’an, Sunnah (Prophetic tradition), and scholarly consensus. These rules are prescriptive, meaning that specific shares of the estate are allocated to designated family members such as spouses, children, parents, and siblings. Unlike in the secular system, you cannot freely distribute the entirety of your estate according to personal wishes.
Islam allows up to one-third of a person’s estate to be allocated as wasiyyah (bequests) to individuals or causes outside the circle of fixed heirs. The remaining two-thirds must be distributed among the legal heirs in accordance with fixed proportions set out in the Qur’an.
Legal Requirements for a Valid Will in the UK
Under the Wills Act 1837, a valid will in England and Wales must meet the following criteria:
- It must be in writing.
- It must be signed by the testator (the person making the will), or by someone else at their direction and in their presence.
- The testator must have the intention to give effect to the will by signing it.
- The signature must be made or acknowledged in the presence of two witnesses, who are both present at the same time.
- The witnesses must sign the will in the presence of the testator.
Additionally, the testator must be at least 18 years old and have the mental capacity to make a will.
Aligning Sharia and UK Legal Principles
To ensure your will meets both sets of requirements, several key considerations must be addressed:
- Draft the Will with Legal and Religious Objectives in Mind
The first step in creating a Sharia compliant and legally valid will is to work with solicitors who are knowledgeable in both English probate law and Islamic inheritance principles. The will should clearly state your intention for it to comply with Islamic law, while still observing all the formal requirements under UK law.
At Blackstone Solicitors, we ensure that the drafting process accounts for both your religious beliefs and legal obligations, creating a document that is effective in practice and enforceable in court.
- Specify the One-Third Bequest (Wasiyyah)
Islamic law allows a Muslim to gift up to one-third of their estate through a will to anyone who is not already entitled to a fixed share. This may include friends, distant relatives, charitable organisations, or religious institutions.
Your will should clearly outline these bequests, ensuring they do not exceed one-third of the estate. Bequests to existing heirs (such as children or spouses) from this portion are not permitted unless all other heirs consent after your death.
- Apply Fixed Shares to the Remaining Two-Thirds
Once debts, taxes, funeral expenses and wasiyyah gifts have been deducted, the remainder of the estate must be distributed among the Qur’anic heirs. These shares vary depending on the composition of your surviving family, but they are mandatory under Sharia.
An Islamic inheritance distribution chart can be included as an appendix to the will, or an instruction may be included to consult with a qualified scholar or advisor to apply the shares accurately based on your family structure at the time of death.
- Appoint a Trustworthy Executor
Choosing the right executor is essential. This person will be responsible for ensuring that your will is executed according to both UK law and Sharia principles. The executor must apply for a Grant of Probate, settle any outstanding debts or obligations, and distribute the estate correctly.
You may choose to appoint a family member, a trusted friend, or a professional such as a solicitor. At Blackstone Solicitors, we can act as professional executors for Sharia compliant wills, giving you peace of mind that your wishes will be upheld.
- Include a Sharia Compliance Clause
To further support your religious intent, it is advisable to include a clause in your will stating that the distribution of your estate should be carried out in accordance with Islamic law. This expresses your wishes clearly and serves as a reference point for the executor and beneficiaries.
Example clause:
“It is my express wish that the distribution of my estate be carried out in accordance with the Islamic law of inheritance as set out in the Qur’an and Sunnah.”
This clause alone, however, is not sufficient to override UK law or ensure compliance with Islamic principles—it must be supported by detailed instructions and legal structure within the will.
Considerations Under English Law
While English law respects testamentary freedom, there are legal limits and public policy considerations that must be acknowledged:
- The Inheritance (Provision for Family and Dependants) Act 1975
This legislation allows certain individuals to make a claim against your estate if they feel they have not been reasonably provided for. These individuals may include a spouse, children, or those who were financially dependent on you during your lifetime.
Even if your will is Sharia compliant, such claims could lead to litigation and potentially override the terms of your will. Legal advice is essential to understand how to balance Sharia obligations with potential challenges under English law.
- Joint Assets and Pensions
Assets held in joint names may pass automatically to the surviving owner and may not form part of the estate for distribution. Similarly, pension benefits or death-in-service payments may be governed by separate nomination forms. These must be reviewed to ensure consistency with your will and your intentions under Islamic law.
Steps You Can Take Now
If you are a Muslim living in England or Wales and wish to create a will that respects your faith while being enforceable under UK law, consider the following steps:
- Seek advice from solicitors familiar with both legal systems.
- Gather details of all your assets and liabilities.
- Clearly identify your heirs and bequest recipients.
- Review any jointly held property or nominated assets.
- Update your will periodically, especially after significant life events such as marriage, divorce, or the birth of a child.
At Blackstone Solicitors, we offer bespoke will drafting services for clients wishing to align their estate planning with both Islamic and UK legal standards. We ensure that your documents are comprehensive, compliant, and reflective of your values.
Conclusion
Creating a will that is both Sharia compliant and legally valid in the UK is entirely achievable with the right guidance and planning. By understanding the requirements of both legal systems, making informed decisions, and appointing responsible executors, you can ensure that your wishes are honoured and your loved ones are protected.
At Blackstone Solicitors, we pride ourselves on delivering tailored legal solutions that respect your faith, values, and family needs. Whether you are drafting your first will or reviewing an existing one, our team is here to assist you across England and Wales with professionalism, sensitivity, and expertise.
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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