For Muslim parents living in England and Wales, preparing a will is not only a legal responsibility but also a religious and moral duty. One of the most important aspects of this process is ensuring that minor children are cared for in the event of the parents’ death. This includes appointing a guardian—someone who will take over the responsibility of raising the children.
In Islamic tradition, guardianship (known as wilayah or kafalah) is a deeply significant role. At the same time, English law provides a clear legal framework for appointing guardians through a valid will. At Blackstone Solicitors, we are often asked how to include a guardian in a Sharia-compliant will and what considerations must be taken into account to ensure both religious and legal compliance.
This article explores the Islamic and legal perspectives on guardianship, how to appoint a guardian in your will, and how to ensure your wishes are respected after your death.
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What Is Guardianship in Islamic Law?
In Islamic jurisprudence, guardianship over children is divided into two main categories:
- Wilayah (Legal Guardianship) – This refers to the authority to make decisions on behalf of the child, including matters of education, marriage, and financial affairs.
- Kafalah (Physical Custody or Care) – This refers to the day-to-day care and upbringing of the child.
In most Islamic schools of thought, the father is the primary guardian of the children. If the father passes away, guardianship may pass to the paternal grandfather or another male relative, depending on the family structure and the best interests of the child.
However, Islamic law also places great emphasis on the welfare of the child, and scholars agree that the most suitable guardian is one who can provide a stable, loving, and Islamic environment.
What Does English Law Say About Guardianship?
Under the Children Act 1989, a parent with parental responsibility can appoint a guardian for their child in the event of their death. This appointment must be made in writing, usually through a will.
Key Points:
- A guardian can only be appointed for a child under the age of 18.
- The appointment takes effect only if there is no surviving parent with parental responsibility.
- The guardian will have legal authority to make decisions about the child’s upbringing, education, and welfare.
- The court has the final say and may override the appointment if it is not in the child’s best interests
Can I Appoint a Guardian in a Sharia-Compliant Will?
Yes. A Sharia-compliant will can and should include the appointment of a guardian for minor children. While Islamic law provides guidance on who may be suitable, English law allows you to formally nominate a guardian in your will, ensuring your wishes are legally recognised.
To ensure both religious and legal compliance:
- Choose a guardian who is morally upright, capable, and ideally Muslim, to ensure the child is raised in accordance with Islamic values.
- Ensure the appointment is clearly stated in your will.
- Discuss your decision with the proposed guardian to ensure they are willing and prepared to take on the role.
How to Include a Guardian in Your Will
At Blackstone Solicitors, we help clients draft wills that include clear and enforceable guardianship clauses. A typical clause might read:
“In the event of my death and that of my spouse, I appoint [Full Name] of [Address] to be the guardian of my minor children. It is my wish that my children be raised in accordance with the principles of Islam.”
This clause should be:
- Legally valid under the Wills Act 1837
- Clear and unambiguous
- Supported by a backup guardian in case the first choice is unable or unwilling to act
Choosing the Right Guardian
When selecting a guardian, consider the following:
- Religious Compatibility
Choose someone who shares your Islamic values and will raise your children in accordance with your faith.
- Emotional Bond
The guardian should have a strong, positive relationship with your children.
- Stability
Consider the guardian’s age, health, financial situation, and family circumstances.
- Location
Think about whether your children would need to move far from their current home, school, or community.
- Willingness
Always discuss your intentions with the proposed guardian to ensure they are willing and able to take on the responsibility.
What If There Is a Dispute?
Even if you appoint a guardian in your will, the family court has the authority to override your decision if it believes the appointment is not in the child’s best interests. This is rare but can happen in cases where:
- The guardian is deemed unsuitable
- There is a dispute among surviving relatives
- The child’s welfare would be better served by another arrangement
To minimise the risk of disputes:
- Communicate your wishes clearly to your family
- Document your reasons for choosing a particular guardian
- Seek legal advice to ensure your will is robust and defensible
Financial Provision for the Guardian
Appointing a guardian is only part of the process. You should also consider how the guardian will support your children financially. This can be done by:
- Setting up a trust in your will
- Appointing trustees to manage your children’s inheritance
- Providing guidance on how funds should be used (e.g. education, housing, religious instruction)
- This ensures that the guardian is not financially burdened and that your children’s needs are met.
Combining Legal and Religious Guidance
While English law does not require the involvement of an Islamic scholar, many Muslims choose to consult one to ensure their will aligns with Sharia principles. At Blackstone Solicitors, we work closely with scholars and community leaders to help clients:
- Understand Islamic guidelines on guardianship
- Choose suitable guardians in line with both faith and law
- Draft wills that are both legally valid and religiously sound
Conclusion
Appointing a guardian for your children is one of the most important decisions you can make as a parent. In a Sharia-compliant will, this decision carries both legal and spiritual weight. By carefully selecting a guardian and clearly stating your wishes in a legally valid will, you can ensure that your children are cared for in a manner that reflects your values and beliefs.
At Blackstone Solicitors, we are here to guide you through every step of this process. Whether you are writing your first will or updating an existing one, our team will help you protect your children’s future with clarity, compassion, and expertise.
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.
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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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