For Muslims living in England and Wales, ensuring that their estate is distributed in accordance with Islamic principles is a matter of religious duty and personal conviction. Sharia law provides a detailed and divinely ordained framework for inheritance, but it must be carefully integrated with the legal requirements of the UK to ensure that your wishes are respected and enforceable.
At Blackstone Solicitors, we specialise in helping clients draft wills that are both Sharia-compliant and legally valid under English law. In this article, we explain how to divide your assets according to Sharia law in your will, the key principles involved, and how to navigate the intersection between faith and legal obligations.
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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 Law
Sharia inheritance law is derived from the Qur’an, the Hadith (sayings and practices of the Prophet Muhammad, peace be upon him), and centuries of Islamic jurisprudence. It is a fixed system that allocates specific shares of a deceased person’s estate to predetermined heirs.
Key Principles of Sharia Inheritance:
- Fixed Shares (Faraid): Specific relatives are entitled to fixed portions of the estate. These include spouses, children, parents, and sometimes siblings and grandparents.
- Gender-Based Distribution: In general, male heirs receive twice the share of female heirs in the same category (e.g., a son receives twice the share of a daughter).
- One-Third Rule: Up to one-third of the estate may be bequeathed to individuals who are not fixed heirs, such as friends, adopted children, or charities.
- Precedence of Obligations: Before distribution, the estate must first cover funeral expenses, debts, and any valid bequests.
Step-by-Step Guide to Dividing Your Assets According to Sharia Law
- Calculate the Net Estate
Before any distribution can take place, the estate must be reduced to its net value. This involves:
- Paying for funeral and burial expenses.
- Settling all outstanding debts.
- Fulfilling any legally binding contracts or obligations.
- Executing any bequests (up to one-third of the estate).
Only after these obligations are met can the remainder of the estate be distributed among the fixed heirs.
- Identify the Fixed Heirs
The next step is to determine who your fixed heirs are at the time of your death. These typically include:
- Spouse: A wife receives one-eighth if there are children, or one-quarter if there are none. A husband receives one-quarter if there are children, or one-half if there are none.
- Children: Sons and daughters inherit in a 2:1 ratio.
- Parents: Each parent may receive one-sixth, depending on the presence of children.
- Siblings and Grandparents: May inherit in the absence of closer relatives.
The exact distribution depends on the family structure at the time of death. Islamic scholars or inheritance calculators can assist in determining the precise shares.
- Allocate the One-Third Bequest (Wasiyyah)
Sharia law permits you to bequeath up to one-third of your estate to individuals who are not fixed heirs. This can include:
- Charitable organisations (sadaqah jariyah).
- Friends or distant relatives.
- Adopted children (who do not inherit automatically under Sharia).
- Non-Muslim relatives (if you wish to provide for them).
This portion must be clearly stated in your will and cannot infringe upon the rights of the fixed heirs.
- Ensure Sharia Compliance of Assets
- Some assets may require special consideration to ensure they are Sharia-compliant:
- Shares and Investments: Must not involve interest (riba), gambling, or haram industries (e.g., alcohol, pork). Non-compliant investments may need to be sold or purified by donating impermissible earnings to charity
- Pensions and Life Insurance: These may fall outside the estate depending on how they are structured. Legal advice is essential to ensure they are distributed appropriately.
- Jointly Owned Property: The legal structure (e.g., joint tenancy vs tenancy in common) affects how the property is treated upon death.
Legal Considerations in England and Wales
While Sharia law provides the religious framework, English law governs the legal validity of wills. To ensure your Sharia-compliant will is enforceable, it must:
- Be in writing.
- Be signed by you (the testator).
- Be witnessed by two independent adults who are not beneficiaries.
Additionally, your will must not contravene public policy or the Inheritance (Provision for Family and Dependants) Act 1975, which allows certain individuals to claim reasonable financial provision from your estate.
Common Challenges and How to Avoid Them
- Disputes Among Heirs
Unequal distribution (e.g., sons receiving more than daughters) may lead to disputes, especially if heirs are unfamiliar with Sharia principles. Including a statement of faith and a clear explanation of your intentions can help mitigate misunderstandings.
- Claims Under the Inheritance Act
If a dependant (such as a spouse or child) feels they have not received reasonable provision, they may bring a claim under the 1975 Act. To reduce this risk:
- Use the one-third bequest to provide for dependants not covered by fixed shares.
- Document your reasoning and financial arrangements clearly.
- Seek legal advice to balance religious obligations with statutory requirements.
- Invalid or Ambiguous Wills
A poorly drafted will may be challenged or deemed invalid. It is essential to work with solicitors experienced in both Sharia and English law to ensure clarity and compliance.
The Role of Executors and Islamic Scholars
Appointing the right executors is crucial. They should:
- Understand both English probate law and Islamic inheritance principles.
- Be capable of managing the estate fairly and efficiently.
- Be trusted to consult with Islamic scholars if needed to interpret complex inheritance scenarios.
You may also include a clause in your will requesting that an Islamic scholar or body be consulted to verify the distribution aligns with Sharia law.
How Blackstone Solicitors Can Help
At Blackstone Solicitors, we offer expert guidance on drafting Sharia-compliant wills that are legally valid in England and Wales. Our services include:
- Identifying your fixed heirs and calculating their shares.
- Structuring your will to comply with both Sharia and UK law.
- Advising on the one-third bequest and charitable giving.
- Ensuring your assets, including shares and pensions, are distributed appropriately.
- Helping you appoint suitable executors and include religious guidance clauses.
We understand the importance of faith, family, and legal certainty. Our goal is to help you create a will that honours your beliefs and protects your loved ones.
Final Thoughts
Dividing your assets according to Sharia law in your will is a deeply personal and religiously significant act. However, it must be done with care to ensure it is also legally enforceable in England and Wales. By understanding the principles of Islamic inheritance, complying with UK legal requirements, and seeking professional advice, you can ensure your wishes are respected and your legacy preserved.
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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