At Blackstone Solicitors, we understand that planning for the future is a deeply personal matter. For Muslims living in the UK, writing a will that reflects both their religious obligations and the requirements of English law is essential. A Sharia-compliant will ensures your estate is distributed in accordance with Islamic principles while remaining legally valid in the UK.
In this article, we explain how to write a Sharia-compliant will in the UK, explore the religious and legal requirements, and outline how Blackstone Solicitors can support you in preparing a will that honours your faith and secures your legacy.
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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 according to Islamic inheritance laws, as laid out in the Qur’an and Hadith. These rules provide fixed shares to specific relatives and govern who is entitled to inherit and in what proportions.
Unlike a conventional will, where the testator (the person making the will) can allocate their assets freely, a Sharia-compliant will must follow set religious rules for the majority of the estate. Up to one-third of the estate can be distributed at the testator’s discretion (wasiyyah), while the remaining two-thirds must be divided among eligible heirs according to Islamic principles.
Why Is It Important in the UK?
In the UK, individuals have testamentary freedom — the legal right to decide who inherits their estate. However, this flexibility can conflict with Islamic law if a will is not carefully structured. Without a valid will, the estate is distributed under the rules of intestacy, which do not align with Sharia.
Writing a Sharia-compliant will ensures that:
- Your religious beliefs are respected.
- The estate is distributed fairly and correctly among family members.
- Your wishes are legally enforceable in England and Wales.
- Potential disputes among heirs are minimised.
Key Principles of Sharia Inheritance Law
Sharia law governs the distribution of wealth after death with precision and detail. Key elements include:
- Fixed Shares: Certain family members (such as spouses, children, parents, and siblings) are entitled to specific, predetermined shares of the estate.
- Male and Female Shares: Generally, male heirs receive twice the share of female heirs in the same category. For example, a son receives twice the share of a daughter.
- The One-Third Rule: Up to one-third of the estate can be distributed to non-heirs or for charitable causes. This is known as the wasiyyah portion.
- Excluded Heirs: Certain individuals, such as adopted children or non-Muslim relatives, may not inherit under Islamic law unless provided for in the discretionary one-third.
Legal Requirements for a Will in England and Wales
A Sharia-compliant will must also meet the formal requirements of a valid will under English law. These include:
- The Testator Must Be Over 18: You must be of legal age to create a will.
- The Will Must Be in Writing: Verbal instructions or unwitnessed documents are not legally binding.
- The Will Must Be Signed and Dated: You must sign the will in the presence of two independent witnesses.
- The Witnesses Must Also Sign: Both witnesses must sign the will in your presence, and they must not be beneficiaries of the will.
A professionally drafted will ensures that both Islamic and legal standards are met and reduces the likelihood of disputes or challenges after your death.
How to Write a Sharia-Compliant Will in the UK
Writing a Sharia-compliant will in the UK involves several steps. At Blackstone Solicitors, we guide our clients through each stage with sensitivity and expertise.
Step 1: Identify Your Estate
Begin by making a comprehensive list of your assets. This includes:
- Property and land
- Bank accounts
- Investments and shares
- Business interests
- Vehicles
- Personal possessions
- Life insurance policies
- Any outstanding debts
Understanding the value and structure of your estate is critical for calculating the correct Islamic shares and ensuring compliance with tax regulations.
Step 2: Determine Eligible Heirs
Under Sharia, inheritance is based on a fixed hierarchy. The surviving spouse, children, parents, and sometimes siblings and grandparents are among those entitled to inherit. The specific shares vary depending on who survives you.
For example:
- A wife with children inherits one-eighth of the estate.
- A husband with children inherits one-quarter.
- A son inherits twice the amount of a daughter.
- If there are no children, parents and siblings may inherit different proportions.
Identifying your eligible heirs allows for accurate calculations based on your unique family situation.
Step 3: Allocate the Wasiyyah (Discretionary One-Third)
Islam allows you to bequeath up to one-third of your estate as you see fit, provided it does not go to someone who is already entitled to a fixed share. This discretionary portion can be used to:
- Give to extended family members not otherwise entitled under Sharia.
- Provide for stepchildren or adopted children.
- Donate to charities or religious causes.
- Support close friends or carers.
Clearly stating these wishes in your will ensures your intentions are respected and legally upheld.
Step 4: Appoint Executors and Guardians
- Executors: You should appoint one or more executors to administer your estate and ensure that your will is followed. They do not have to be Muslims, but they must be trustworthy and capable of carrying out their responsibilities.
- Guardians: If you have minor children, appointing guardians is vital. Ensure they are individuals who will raise your children in accordance with Islamic values.
These appointments should be made explicitly in the will.
Step 5: Include Funeral and Burial Instructions
While not legally binding, including your wishes for Islamic burial rites in your will can provide clear guidance to your family. This may include:
- Preference for burial over cremation.
- Specific instructions for ghusl (ritual washing), kafan (shrouding), and janazah (funeral prayer).
- Choice of burial site or location.
This helps avoid confusion or delays during a difficult time for your loved ones.
Step 6: Consider Inheritance Tax and Legal Challenges
Inheritance Tax (IHT) may apply to your estate, depending on its value. A well-drafted Sharia-compliant will can help mitigate IHT by taking advantage of legal exemptions, such as:
- Spousal exemption (transfers between spouses).
- Charitable gifts exemption (donations to registered charities).
Additionally, be aware of the Inheritance (Provision for Family and Dependants) Act 1975. This allows certain individuals (such as a spouse or dependent child) to challenge the will if they believe it does not provide reasonable financial provision. Professional legal advice is essential to structure your will in a way that reduces this risk.
Step 7: Review and Update Regularly
A will should be reviewed every few years, or whenever significant life events occur, such as:
- Marriage or divorce
- Birth of children or grandchildren
- Acquisition of new assets
- Change in financial circumstances
Keeping your will up to date ensures it remains valid, relevant, and compliant with both Sharia and English law.
How Blackstone Solicitors Can Help
Writing a Sharia-compliant will in the UK requires specialist knowledge of both Islamic inheritance law and the legal framework of England and Wales. At Blackstone Solicitors, we provide comprehensive services tailored to the needs of the Muslim community.
Our team will:
- Advise you on your religious and legal obligations.
- Draft a legally valid will that reflects your faith and values.
- Help reduce the risk of inheritance disputes or legal challenges.
We work closely with clients across England and Wales to ensure that their final wishes are clearly expressed, properly recorded, and faithfully executed.
Final Thoughts
A Sharia-compliant will is a vital document for Muslims living in the UK. It ensures that your estate is distributed according to Islamic principles, provides peace of mind for your family, and meets the legal standards required under English law.
At Blackstone Solicitors, we are committed to helping you create a will that not only fulfils your religious obligations but also protects your loved ones and preserves your legacy. If you are considering writing a Sharia-compliant will or updating an existing one, our experienced solicitors are here to guide you through every step of the process.
How we can help
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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