As a law firm serving clients across England and Wales, we at Blackstone Solicitors are often asked how Islamic principles can be incorporated into a legally valid will. One area of particular interest is charitable giving. Many Muslims wish to leave part of their estate to charity in accordance with their faith, but are unsure how this aligns with both Sharia law and English inheritance law.
This article explores how charity donations are treated in a Sharia-compliant will, the legal framework in England and Wales, and how to ensure your wishes are honoured in both religious and legal terms.
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The Role of Charity in Islam
Charity, or Sadaqah, is a cornerstone of Islamic belief. It is not only encouraged but considered a form of ongoing reward (Sadaqah Jariyah) that continues to benefit the deceased long after death. The Qur’an and Hadiths repeatedly emphasise the spiritual value of giving, especially when it supports education, healthcare, clean water, or other enduring causes.
There are two main types of charitable giving in Islam:
- Zakat: An obligatory annual almsgiving, typically 2.5% of one’s qualifying wealth.
- Sadaqah: Voluntary charity, which includes donations made during life or bequests made in a will.
In the context of a will, the relevant form is Wasiyyah—a bequest made to a person or cause not entitled to a fixed share under Islamic inheritance rules.
Sharia Rules on Bequests and Charity
Under Sharia law, a Muslim may bequeath up to one-third of their estate to individuals or causes not entitled to a fixed share. This is known as the Wasiyyah portion. The remaining two-thirds must be distributed among Qur’anic heirs according to fixed shares.
Key Principles:
- Maximum of one-third: The Prophet Muhammad (peace be upon him) is reported to have said, “A third, and a third is much” when advising a companion on charitable bequests.
- No bequests to fixed heirs: You cannot use the Wasiyyah portion to increase the share of someone already entitled under Sharia (e.g., a child or spouse).
- Charity is encouraged: Bequeathing part of the one-third to charity is highly recommended and seen as a way to earn ongoing spiritual reward.
Charity in a Sharia-Compliant Will
In practical terms, a Sharia-compliant will might include a clause such as:
- “I bequeath one-third of my estate, after debts and funeral expenses, to be distributed among the following charitable causes…”
- This clause must be carefully worded to ensure:
- The total does not exceed one-third of the net estate.
- The charities are clearly named and legally recognised.
- The executor understands their duty to fulfil this bequest before distributing the remainder to heirs.
Legal Framework in England and Wales
English law allows individuals to leave their estate to anyone they choose, including charities. However, to be legally valid, a will must:
- Be in writing
- Be signed by the testator in the presence of two witnesses
- Be made voluntarily and by someone of sound mind
Charitable bequests are also tax-efficient. Gifts to UK-registered charities are exempt from Inheritance Tax (IHT), and if you leave 10% or more of your estate to charity, the IHT rate on the rest of your estate may be reduced from 40% to 36%.
This makes charitable giving not only spiritually rewarding but also financially prudent.
Aligning Sharia and English Law
To ensure your charitable wishes are honoured in both religious and legal terms, your will must be carefully drafted. Here’s how:
- Calculate the One-Third
Determine what one-third of your net estate will be after debts, funeral expenses, and taxes. This is the maximum amount you can allocate to charity under Sharia.
- Choose Recognised Charities
Select UK-registered charities to ensure your bequest is legally valid and tax-exempt. You may also wish to include Islamic charities that align with your values.
- Be Specific
Clearly name the charities and the amounts or percentages they should receive. Avoid vague language that could lead to disputes or delays.
- Appoint a Knowledgeable Executor
Choose someone who understands both Sharia principles and English probate law, or appoint a solicitor to act as executor.
- Include a Sharia Compliance Clause
You may wish to include a statement such as:
“It is my express wish that this will be interpreted and administered in accordance with the principles of Islamic law (Sharia), particularly with respect to the distribution of my estate and charitable bequests.”
Common Questions
Can I leave more than one-third to charity?
Under Sharia, no. If you allocate more than one-third to charity, the excess will only be valid if all Qur’anic heirs consent after your death. Without their consent, the excess may be invalidated.
What if I want to support multiple charities?
You can divide the one-third portion among several charities. Just ensure the total does not exceed the allowed limit and that each charity is clearly identified.
Can I set up a charitable trust?
Yes. You can use your will to establish a Waqf—an Islamic charitable endowment. This can be a powerful way to create a lasting legacy, such as funding a school, mosque, or water well. However, setting up a Waqf requires careful legal structuring and should be done with professional advice.
The Importance of Professional Advice
Creating a Sharia-compliant will that includes charitable donations is a delicate task. It involves balancing religious obligations with legal requirements, and ensuring your wishes are clearly expressed and enforceable.
At Blackstone Solicitors, we specialise in drafting wills that are both legally valid in England and Wales and compliant with Islamic principles. We can help you:
- Identify your Qur’anic heirs
- Calculate the Wasiyyah portion
- Select appropriate charities
- Draft clear and enforceable clauses
Conclusion
Charitable giving is a deeply valued aspect of Islamic faith and can be seamlessly incorporated into a Sharia-compliant will—provided it is done within the one-third limit and in accordance with English law. Whether you wish to support local causes, international relief efforts, or establish a lasting endowment, your will can reflect your values and leave a meaningful legacy.
If you are considering making a Sharia-compliant will or updating an existing one to include charitable donations, contact Blackstone Solicitors today. Our experienced team is here to guide you through every step of the process with sensitivity, expertise, and care.
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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