The principles of Sharia law extend to all aspects of a Muslim’s life, including matters of death and inheritance. For Muslims residing in England and Wales, the question of how to deal with property ownership and wills in a way that complies with Islamic teachings while also satisfying legal requirements can be complex.
At Blackstone Solicitors, we are experienced in helping clients navigate the intersection of religious and civil law, particularly in the context of estate planning and property distribution. This article explores what Sharia law says about wills and property ownership and how these principles apply in the context of English law.
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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.
The Islamic Perspective on Ownership
Ownership in Islam is considered both a right and a trust. While individuals may own wealth, property, and other assets during their lifetime, this ownership is not absolute. It is believed that all possessions ultimately belong to Allah, and humans are merely custodians who will be held accountable for how they manage and distribute their wealth.
As such, Islamic teachings emphasise fairness, justice, and responsibility in wealth distribution, particularly upon death. This is most clearly manifested in the rules of inheritance and the drafting of wills.
The Islamic Concept of a Will (Wasiyyah)
A will (wasiyyah) is strongly encouraged in Islam, and the Prophet Muhammad (peace be upon him) is reported to have said:
“It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him.”
(Sahih al-Bukhari)
However, Sharia law places important limitations on what a Muslim can do with their will, particularly regarding the division of their estate. Islamic law divides the estate into two parts:
- One-third of the estate: This portion can be distributed as wasiyyah to anyone who is not already entitled to a share under Sharia.
- Two-thirds of the estate: This must be distributed among fixed heirs according to set shares detailed in the Qur’an and Hadith.
Fixed Heirs and Inheritance Shares
Sharia law outlines precise shares for close family members, which cannot be overridden by personal wishes. These fixed heirs typically include:
- Spouse
- Children
- Parents
- Siblings
- Grandchildren (in some cases)
For example:
- A wife is entitled to one-eighth of the estate if the deceased leaves children.
- A husband is entitled to one-quarter if his wife leaves children.
- Daughters may receive half if there is only one daughter and no sons, or two-thirds collectively if there are multiple daughters and no sons.
- Sons receive double the share of daughters when they inherit together.
This system is designed to maintain familial bonds, prevent disinheritance, and ensure a balanced and just distribution of wealth.
Restrictions on Bequests
In Islam, a person cannot use their will to give more than one-third of their estate to non-heirs. This prevents the testator from disinheriting the rightful Qur’anic heirs and ensures fairness within the family structure.
Bequests made to fixed heirs from the one-third portion are only permissible if all the other heirs give their explicit consent after the testator’s death. If they do not agree, the bequest will be considered invalid.
Property Ownership During Life
Sharia law allows individuals to own, manage, and dispose of their property during their lifetime. They may gift property to others, sell it, or use it as they wish, provided the actions are lawful and not done with the intent of undermining rightful inheritance.
However, issues can arise where lifetime gifts are made in a way that circumvents Islamic inheritance rules. For example, giving away all property to one child before death could be deemed unjust, especially if done to avoid the Islamic requirement of distributing assets among multiple heirs.
Islamic scholars generally advise that gifts made during one’s life should be fair, proportionate, and not intended to deprive rightful heirs.
The Role of Trusts and Joint Ownership
In England and Wales, joint ownership of property is common. This can complicate inheritance under Sharia. There are two primary forms of joint ownership:
- Joint Tenancy: When one owner dies, the property automatically passes to the surviving owner(s), regardless of what is stated in the will.
- Tenancy in Common: Each owner has a defined share, which can be passed on according to their will or the laws of inheritance.
From a Sharia perspective, joint tenancy can undermine the principles of Islamic inheritance, as it bypasses the fixed shares due to heirs. Muslims who wish to maintain compliance with Sharia are advised to hold property as tenants in common, allowing their share to be distributed in accordance with Islamic rules upon death.
Trusts can also be used effectively in estate planning. For instance, an Islamic discretionary trust can help structure inheritance in a way that respects both legal and religious requirements, although such arrangements should be carefully drafted with professional advice.
Reconciling Sharia and English Law
While English law allows testamentary freedom—meaning individuals can distribute their estate however they choose—this freedom is restricted in Islamic law. To comply with both, a Sharia-compliant will must:
- Be valid under the Wills Act 1837 (i.e., written, signed, and witnessed properly);
- Explicitly state that the estate is to be divided in accordance with Islamic principles;
- Include instructions for settling debts and funeral costs;
- Provide for up to one-third of the estate in wasiyyah bequests;
- Distribute the remaining estate among fixed heirs in accordance with Islamic law.
At Blackstone Solicitors, we help clients draft wills that comply with both Islamic and English law. We ensure that the structure and language of the will meet legal standards, while also reflecting the client’s religious obligations.
Challenges and Considerations
Several issues can complicate the process of making a Sharia compliant will in the UK:
- Inheritance Act Claims
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals, such as a spouse or dependent child, to contest a will if they feel they have not been adequately provided for. Even if the will is Sharia compliant, it could be challenged in court under this Act.
Legal advice is essential to minimise the risk of such challenges and to ensure that provisions are made fairly and legally.
- Overseas Assets
Many clients own property or assets in different countries. Inheritance laws can vary dramatically across jurisdictions. It is crucial to seek cross-border legal advice and, where necessary, prepare separate wills for each country to avoid conflict or invalidation.
- Family Disputes
Without clear legal documentation, misunderstandings and disputes can arise among family members. A professionally drafted will, created with full transparency and in consultation with family if appropriate, can reduce the risk of conflict.
Conclusion
Sharia law provides a clear, divinely ordained structure for the ownership and distribution of wealth. For Muslims living in England and Wales, the challenge lies in harmonising these religious obligations with the secular legal framework. With expert legal advice, this balance can be achieved.
At Blackstone Solicitors, we offer specialised legal services for Muslims who wish to ensure their wills and property arrangements are fully compliant with Islamic teachings and legally enforceable in the UK. Whether you are drafting a new will, reviewing existing documents, or planning for the future, we are here to guide you through every step of the process with clarity, care, and confidentiality.
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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