This article provides a general overview of Islamic will rules and how they may apply in England and Wales. It is crucial to note that this is not legal advice and should not be considered a substitute for professional guidance from a qualified solicitor.
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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.
Key Principles of Islamic Inheritance
Islamic inheritance law, known as faraiz, is derived from the Quran and Sunnah (the teachings and practices of Prophet Muhammad). It aims to ensure a just and equitable distribution of the deceased’s estate amongst their rightful heirs. Key principles include:
- Divine Law: Islamic inheritance law is considered divinely ordained, with specific shares allocated to different categories of heirs.
- Obligatory Shares: Certain heirs, such as children, parents, and spouses, are entitled to mandatory shares of the estate.
- Discretionary Shares: After obligatory shares are distributed, the remaining estate is typically divided among other eligible heirs at the discretion of the executor, guided by Islamic principles.
- Gender Differences: Islamic inheritance law recognises differences in the shares allocated to men and women, reflecting social and economic roles within Islamic society.
How Islamic Inheritance Law Interacts with English Law
In England and Wales, the primary law governing wills and inheritance is the Wills Act 1837 and subsequent legislation. While English law generally prevails, there are instances where Islamic inheritance principles may be considered:
- Wills: Muslims can make wills in accordance with English law, but they may choose to incorporate Islamic principles within their will. For example, they may specify how their estate should be distributed in accordance with faraiz, or they may leave specific bequests to charities or religious institutions.
- Intestacy: If a Muslim dies without a valid will, their estate will be distributed according to the rules of intestacy under English law. However, courts may consider Islamic principles as a factor in resolving disputes among heirs.
- Sharia Courts: While not legally binding in England and Wales, some Muslims may choose to seek guidance or arbitration from Sharia courts regarding inheritance matters.
Challenges and Considerations
- Reconciling Islamic and English Law: Reconciling the principles of faraiz with the legal framework in England and Wales can be complex.
- Cultural and Social Factors: Cultural and social factors, such as family dynamics and local customs, may also influence how Islamic inheritance law is applied in practice.
- Professional Guidance: It is essential to seek professional legal advice from a solicitor experienced in Islamic inheritance law to ensure that your wishes are legally valid and effectively implemented.
Key Steps for Muslims Considering Inheritance Planning
- Seek Legal Advice: Consult with a solicitor experienced in Islamic inheritance law to draft a will that is legally valid and reflects your wishes.
- Communicate with Your Family: Discuss your inheritance plans with your family members to ensure they understand your intentions and to minimise potential disputes.
- Keep Your Will Updated: Regularly review and update your will to reflect any changes in your circumstances or family situation.
Services Offered by Blackstone Solicitors
Blackstone Solicitors offers a range of legal services related to Islamic inheritance, including:
- Drafting Islamic Wills: Our solicitors can assist you in drafting a will that complies with English law while incorporating your Islamic inheritance preferences.
- Estate Administration: We can guide you through the process of administering an estate in accordance with both English law and Islamic principles.
- Dispute Resolution: We can assist in resolving inheritance disputes between family members, including those arising from the application of Islamic inheritance law.
- Advice and Guidance: We can provide expert legal advice on all aspects of Islamic inheritance law, including its application in England and Wales.
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.
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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