How Do Inheritance Rights Work For Children Under Sharia Law?

Inheritance is a deeply significant aspect of both personal and religious life for many Muslim families. Sharia law provides detailed and specific guidelines on how a deceased person’s estate is to be distributed among their heirs, including children. Understanding these rules is essential for Muslims living in England and Wales who wish to ensure that their estate planning respects Islamic principles while also meeting the requirements of UK law.

At Blackstone Solicitors, we assist clients in navigating the complexities of inheritance under Sharia law alongside English legal standards. This article outlines how inheritance rights work for children under Sharia law, providing clarity on what you need to know when planning your estate.

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The Foundations of Inheritance in Sharia Law

Sharia inheritance law, also known as Mirath, is derived primarily from the Qur’an, the Sunnah (sayings and actions of the Prophet Muhammad), and centuries of scholarly interpretation. It is a fixed system designed to ensure justice, equity, and protection for family members after the death of a loved one.

The rules are very detailed, specifying who inherits, in what order, and in what shares. Children are central beneficiaries in this system, reflecting the emphasis Islam places on family welfare and continuity.

The Classification of Children in Sharia Inheritance

Under Sharia law, children’s inheritance rights depend on several factors, including their gender, whether they are biological or adopted, and whether they were born within a lawful marriage.

1. Biological Children

Biological children born to the deceased within a lawful marriage are entitled to inherit fixed shares from the estate. Sons and daughters have different shares, reflecting the Qur’anic principle that a male’s share is generally twice that of a female.

• Sons: Each son receives a share that is twice as large as each daughter’s.
• Daughters: Daughters inherit but receive half the share of sons.

For example, if a deceased has one son and one daughter, the son inherits two-thirds of the estate and the daughter inherits one-third.

2. Multiple Children

When there are multiple children, the inheritance is divided so that sons collectively receive twice the share of daughters collectively. For instance, if there are two sons and three daughters, the estate is divided into seven parts: four parts to the sons (two parts each) and three parts to the daughters (one part each).

3. Adopted Children

Under traditional Sharia law, adopted children do not have automatic inheritance rights from the adoptive parents because inheritance is linked to biological lineage. However, parents may make wasiyyah (bequests) of up to one-third of their estate to adopted children to provide for them. This is important in England and Wales where adopted children have legal inheritance rights under civil law.

The Role of Other Heirs

Children rarely inherit in isolation. Sharia law outlines a hierarchy of heirs, and the presence of other relatives can affect the children’s shares.

• Parents: The deceased’s parents may also be entitled to fixed shares, especially if the deceased has no children.
• Spouse: The surviving spouse has an entitlement that may affect the size of the children’s inheritance.
• Siblings and other relatives: If there are no children or parents, siblings or other relatives may inherit.

Children usually receive their shares after the payment of debts, funeral expenses, and any wasiyyah bequests (up to one-third of the estate).

Examples of Children’s Inheritance Shares Under Sharia Law

The Qur’an explicitly states inheritance shares in Surah An-Nisa (Chapter 4). Here are some typical examples involving children:

• If the deceased leaves one daughter and no son: The daughter receives half of the estate.
• If the deceased leaves multiple daughters and no son: The daughters collectively receive two-thirds of the estate.
• If the deceased leaves one son and one daughter: The son receives twice the share of the daughter (i.e., the estate is divided into three parts; the son gets two parts, the daughter one part).
• If the deceased leaves a spouse and children: The spouse’s share is generally one-eighth of the estate; the remainder is divided among the children in their respective shares.

Wills and the Rights of Children Under Sharia Law

In Islam, it is permissible to make a will (wasiyyah), but it is subject to strict limitations:

• The testator may only allocate up to one-third of the estate as a discretionary bequest to anyone, including children, outside their fixed shares.
• The remaining two-thirds must be distributed strictly according to the fixed shares prescribed by Sharia.

For children, this means that while their fixed shares cannot be reduced or removed, additional gifts may be made from the one-third discretionary portion.

Reconciling Sharia Law and UK Inheritance Law

In England and Wales, inheritance law allows individuals to distribute their estate as they wish, regardless of familial relationships. This can conflict with Sharia principles, which prescribe fixed shares.

Many Muslim families wish to make their wills Sharia compliant while ensuring they are legally valid in the UK. This requires careful drafting:

• The will must comply with the Wills Act 1837 (written, signed, witnessed properly).
• It should clearly state the intention for Sharia-compliant distribution.
• The testator should appoint an executor familiar with both Sharia and English law.

At Blackstone Solicitors, we help clients create wills that respect their religious beliefs while standing up to the rigours of English law.

Challenges for Children’s Inheritance Rights in the UK

1. Adopted Children

Unlike Sharia law, English law grants full inheritance rights to adopted children. Muslims wishing to reconcile these differences should consider making appropriate provisions in their wills for adopted children, such as gifts within the allowed one-third wasiyyah.

2. Potential Will Challenges

Under the Inheritance (Provision for Family and Dependants) Act 1975, children can challenge a will if they believe they have not been reasonably provided for, regardless of the will’s religious compliance. This means that even a Sharia-compliant will could face legal challenges from children or other dependants.

3. Jointly Owned Property and Assets

Assets jointly owned may pass outside of the will to the surviving joint owner, which can affect children’s inheritance. Planning is needed to ensure fairness and compliance with both Sharia and English law.

Practical Steps for Parents

To ensure children receive their rightful inheritance under Sharia law while complying with UK law, consider the following:

• Consult experienced solicitors familiar with Islamic inheritance and English law.
• Prepare a comprehensive will that clearly states your intentions and complies with legal requirements.
• Consider lifetime gifts carefully, ensuring they do not unintentionally disinherit children.
• Appoint an executor or trustee knowledgeable in Sharia to oversee the estate distribution.
• Review your will regularly, especially after major life events such as the birth of children or changes in family circumstances.

Conclusion

Inheritance rights for children under Sharia law are detailed, specific, and rooted in centuries of religious scholarship. Sons and daughters have clearly defined shares designed to provide fairness and security to the family after the death of a parent.

For Muslims living in England and Wales, combining these religious principles with the demands of English law can be complex but is achievable with the right guidance.

At Blackstone Solicitors, we offer expert legal advice and tailored estate planning services to help Muslim families protect their children’s inheritance rights in a manner that respects both Sharia and UK law.

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.

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