Estate planning is a crucial step in safeguarding one’s legacy and providing for loved ones. For Muslims living in England and Wales, this process often includes preparing a Sharia-compliant will — a document that ensures the distribution of assets aligns not only with UK law but also with Islamic principles.
At Blackstone Solicitors, we understand the importance of balancing religious obligations with legal requirements. In this article, we explain how a Sharia-compliant will distributes assets, explore the principles behind it, and discuss how we can help you create a will that is both legally valid and faithful to your beliefs.
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What Is a Sharia-Compliant Will?
A Sharia-compliant will is a legal document that directs how a Muslim’s estate should be divided after their death, in accordance with Islamic inheritance law. It adheres to the rules set out in the Qur’an, the Hadith, and scholarly interpretations of Islamic jurisprudence.
Unlike a conventional will, which allows individuals complete freedom over who inherits what, a Sharia-compliant will is based on a fixed structure. These rules assign specific shares to certain relatives and limit how much of the estate can be left to others outside the prescribed list of heirs.
Key Principles of Sharia Inheritance
Sharia inheritance law is guided by a few foundational principles, including:
- Fixed Shares
Islamic law prescribes precise shares of inheritance for specific family members. The allocation is influenced by who survives the deceased and their relationship to them. For instance, if a man dies leaving behind a wife and children, the wife is entitled to one-eighth of the estate, and the remaining balance is divided among the children with the sons typically receiving twice the share of the daughters.
- The One-Third Rule
Under Sharia, up to one-third of the estate may be allocated freely by the deceased (known as the wasiyyah portion). This allows some degree of personal discretion, which may be used to leave assets to:
- Charities
- Friends
- Stepchildren or adopted children
- Non-Muslim relatives (who are otherwise not entitled under Sharia)
The remaining two-thirds must be distributed strictly among the fixed heirs.
- Order of Priority
The distribution of assets under a Sharia-compliant will depends heavily on which family members survive the deceased. The presence or absence of certain heirs affects the shares others receive. Sharia law gives priority to close blood relations and balances the rights of different generations within the family.
Categories of Heirs in Sharia Law
Heirs are broadly divided into three categories:
- Primary Heirs (Fixed Heirs)
These include:
- Spouse (husband or wife)
- Children (sons and daughters)
- Parents
- Grandparents (in some cases)
- Siblings (under specific conditions)
They are entitled to fixed portions of the estate, depending on who else survives the deceased.
- Residuary Heirs (ʿAsabah)
After the fixed shares have been distributed, any remaining estate is inherited by residuary heirs. These are typically male relatives such as:
- Sons
- Brothers
- Uncles
- Nephews
They inherit what remains, or the entire estate if no fixed heirs are present.
- Extended Heirs (Dhawū al-Arḥām)
If there are no primary or residuary heirs, then more distant relatives may inherit. However, this category is only considered in their absence and varies based on the school of Islamic jurisprudence followed.
Examples of Sharia Asset Distribution
Understanding how a Sharia-compliant will distributes assets is best illustrated through examples. These are generalised scenarios, and actual distribution depends on detailed calculations.
Example 1: Married Man with Children
Survived by: Wife, 1 son, 1 daughter
- Wife: 1/8 of the estate
- Remaining estate: 7/8
- Son and daughter share the rest in a 2:1 ratio
– Son: 2/3 of 7/8
– Daughter: 1/3 of 7/8
Example 2: Married Woman, No Children
Survived by: Husband, parents
- Husband: 1/2 of the estate
- Mother: 1/3
- Father: Receives the remainder (as both a fixed heir and residuary)
Example 3: Single Man, Survived by Siblings
Survived by: 2 brothers, 2 sisters
- Each brother receives double the share of each sister
- Estate is divided into 6 parts:
– Brothers receive 2 parts each (total of 4 parts)
– Sisters receive 1 part each (total of 2 parts)
These are simplified scenarios, and proper calculations must take into account other factors, such as debts, funeral costs, and liabilities, all of which must be settled before any distribution.
Obligations Before Distribution
Before distributing the estate under a Sharia-compliant will, certain obligations must be fulfilled. These include:
- Payment of Funeral and Burial Costs
These must be covered first, as per Islamic and English law.
- Settlement of Debts
All outstanding debts, including loans, taxes, and any liabilities, must be paid from the estate.
- Execution of the Wasiyyah (Discretionary One-Third)
Any bequests made from the discretionary one-third must be distributed before the remainder is divided among the fixed heirs.
Only after these steps have been completed is the remainder of the estate apportioned according to Sharia shares.
Legal Recognition in the UK
Sharia-compliant wills are legally valid in England and Wales provided they meet the following requirements under the Wills Act 1837:
- The will must be in writing.
- The testator must be at least 18 years old.
- The testator must have mental capacity.
- The will must be signed by the testator.
- It must be witnessed by two independent adults, who are not beneficiaries.
However, because English law permits individuals to distribute their estate as they wish, the fixed-share approach of Sharia is not automatically applied unless specified in a will. Without a valid Sharia-compliant will, a Muslim’s estate would be distributed according to the rules of intestacy, which do not reflect Islamic inheritance principles.
At Blackstone Solicitors, we ensure that your Sharia-compliant will is fully enforceable under English law and structured to minimise any potential disputes or legal challenges.
Can Sharia-Compliant Wills Be Contested?
Yes — like any will, a Sharia-compliant will can be challenged under the Inheritance (Provision for Family and Dependants) Act 1975, particularly if:
- A spouse, child, or dependant is left out of the will or inadequately provided for
- The will is found to be unclear or incorrectly executed
- There is a claim of undue influence or lack of mental capacity
We provide expert guidance to reduce the risk of legal challenges and to ensure that your will is both religiously sound and legally robust.
How Blackstone Solicitors Can Help
Drafting a Sharia-compliant will involves complex calculations, religious obligations, and legal requirements. At Blackstone Solicitors, we are well-versed in both English law and Islamic inheritance principles, making us uniquely positioned to assist Muslim clients across England and Wales.
Our services include:
- Tailored advice based on your family structure
- Accurate calculation of Islamic inheritance shares
- Structuring your estate to comply with both Sharia and English law
- Drafting clear and valid legal documents
- Minimising tax liabilities and avoiding legal disputes
Final Thoughts
For Muslims living in the UK, preparing a Sharia-compliant will is not just a legal matter — it is a religious duty and a moral responsibility. Ensuring your estate is distributed according to Islamic values while meeting the requirements of English law requires thoughtful planning and professional expertise.
At Blackstone Solicitors, we help you honour your faith, protect your family, and secure your legacy. If you are ready to draft a Sharia-compliant will, or would like to review an existing one, our expert solicitors are here to guide you every step of the way.
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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