In the context of estate planning and inheritance, the intersection of Sharia law and English law presents unique challenges and considerations—particularly for Muslim women. At Blackstone Solicitors, we are often approached by clients seeking clarity on how Islamic principles affect the distribution of assets, and how these principles can be reconciled with the legal framework in England and Wales.
This article explores the Islamic inheritance system, how it applies to Muslim women, and how these rules can be implemented in a legally valid will under English law.
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The Foundations of Islamic Inheritance Law
Islamic inheritance law is derived from the Qur’an, the Hadith (sayings of the Prophet Muhammad, peace be upon him), and centuries of scholarly interpretation. It is a highly structured system that allocates fixed shares of a deceased person’s estate to specific relatives.
The system is designed to ensure fairness, prevent disputes, and provide for a wide circle of family members. However, it also reflects the socio-economic context of 7th-century Arabia, where men were typically financial providers and women were financially supported by male relatives.
Key Principles of Sharia Inheritance
Fixed Shares: The Qur’an specifies exact shares for certain heirs, including spouses, children, parents, and siblings.
Gender-Based Distribution: In many cases, a male heir receives twice the share of a female heir in the same category. For example, a son receives twice as much as a daughter.
No Discretion Over Two-Thirds: At least two-thirds of the estate must be distributed according to these fixed shares.
Wasiyyah (Bequest): Up to one-third of the estate may be distributed at the discretion of the deceased, provided it is not given to Qur’anic heirs unless other heirs consent.
How Muslim Women Inherit Under Sharia
The inheritance rights of Muslim women are clearly defined in Islamic law. While they may receive a smaller share than their male counterparts, they are nonetheless entitled to inherit—a revolutionary concept at the time of its revelation.
Examples of Female Inheritance Shares:
- Daughter: If the deceased has only one daughter and no sons, she receives half the estate. If there are multiple daughters and no sons, they share two-thirds.
- Wife: A wife receives one-quarter of the estate if there are no children, and one-eighth if there are.
- Mother: A mother receives one-sixth if the deceased has children or siblings; otherwise, she may receive one-third.
- Sister: In the absence of children and parents, sisters may inherit as residuary heirs or receive fixed shares depending on the circumstances.
It is important to note that these shares are not arbitrary but are based on a broader system of financial responsibility. In Islamic law, men are obligated to financially support their wives, children, and sometimes extended family members, which partly explains the larger shares allocated to them.
Common Misconceptions
“Women are treated unfairly under Sharia.”
While women may receive smaller shares, they are not expected to provide financially for others. Their inheritance is theirs to keep, invest, or spend as they wish. In contrast, male heirs often have financial obligations tied to their inheritance.
“A daughter can be disinherited.”
Under Sharia, it is not permissible to disinherit a daughter or any other Qur’anic heir. Doing so would render the will non-compliant with Islamic principles.
“I can equalise shares through my will.”
Only up to one-third of the estate can be distributed at your discretion. You cannot use this portion to increase a daughter’s share unless all other heirs consent after your death.
Sharia Law vs. English Law
In England and Wales, individuals have testamentary freedom—the legal right to leave their estate to whomever they choose. This contrasts with Sharia, which mandates fixed shares.
However, English law also allows for Sharia-compliant wills, provided they meet the legal requirements:
- The will must be in writing
- It must be signed by the testator in the presence of two witnesses
- The witnesses must also sign the will
- The testator must be over 18 and of sound mind
A Sharia-compliant will can be drafted to reflect Islamic inheritance rules, including the specific shares for female heirs. However, it must be carefully structured to avoid legal challenges under the Inheritance (Provision for Family and Dependants) Act 1975, which allows certain individuals to contest a will if they believe they have not been adequately provided for.
Practical Considerations for Muslim Women in the UK
- Legal Recognition of Islamic Marriages
Many Islamic marriages conducted in the UK are not legally recognised unless they are also registered as civil marriages. This can affect a woman’s inheritance rights under English law, as an unregistered spouse may not be entitled to inherit under the rules of intestacy
- Jointly Owned Property
Assets held in joint names may pass automatically to the surviving owner, regardless of what the will says. This can override Sharia principles unless the ownership structure is carefully planned.
- Pensions and Life Insurance
These assets often fall outside the estate and are distributed according to nomination forms. Muslim women should ensure these nominations align with their religious and legal wishes.
Creating a Sharia-Compliant Will
At Blackstone Solicitors, we help clients create wills that are both legally valid and compliant with Islamic principles. This includes:
- Identifying all Qur’anic heirs
- Calculating the fixed shares for each heir
- Allocating the Wasiyyah portion appropriately
- Ensuring female heirs receive their rightful shares
- Minimising the risk of legal disputes
We also advise on related matters such as trusts, tax planning, and the legal status of Islamic marriages.
Conclusion
Sharia law provides Muslim women with clearly defined inheritance rights, which can be implemented in England and Wales through a carefully drafted will. While the shares may differ from those of male heirs, they reflect a broader system of financial responsibility and protection.
At Blackstone Solicitors, we understand the importance of honouring both your faith and your legal obligations. Whether you are drafting a new will or reviewing an existing one, our team is here to guide you through every step of the process with clarity, compassion, and expertise.
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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