For Muslims living in England and Wales, estate planning often involves navigating both Islamic principles and English legal requirements. Two key instruments used in this process are the will (wasiyyah) and the trust (waqf). While both serve to distribute wealth after death, they differ significantly in purpose, structure, and religious implications.
At Blackstone Solicitors, we are frequently asked about the distinction between these two concepts and how they can be implemented in a legally valid and Sharia-compliant manner. This article explores the differences between a will and a trust under Sharia law, and how each can be used effectively in the UK.
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Understanding the Islamic Will (Wasiyyah)
Definition and Purpose
A wasiyyah is a testamentary bequest made by a Muslim during their lifetime to be executed after their death. It allows the testator to allocate up to one-third of their estate to individuals or causes not entitled to a fixed share under Islamic inheritance law.
The remaining two-thirds of the estate must be distributed among Qur’anic heirs—such as spouses, children, and parents—according to fixed shares outlined in the Qur’an.
Key Features
- Limited to one-third of the estate
- Cannot benefit Qur’anic heirs unless other heirs consent
- Executed after death
- Revocable during the testator’s lifetime
- Used for personal bequests or charitable donations
The wasiyyah is a powerful tool for Muslims to express their values, support charitable causes, or provide for individuals who might otherwise be excluded from inheritance.
Understanding the Islamic Trust (Waqf)
Definition and Purpose
A waqf is a charitable endowment established during a person’s lifetime. It involves permanently dedicating an asset—such as property, land, or money—for religious, educational, or social purposes. Once created, the asset is no longer owned by the individual but held in trust for the benefit of the community or a specific cause.
The waqf is considered a form of Sadaqah Jariyah (ongoing charity), which continues to benefit the donor even after death.
Key Features
- Irrevocable once established
- Created during the donor’s lifetime
- Assets are permanently removed from personal ownership
- Used for public benefit or charitable purposes
- Managed by a trustee (mutawalli)
Examples of waqf include funding a mosque, school, hospital, or water well. The income generated from the waqf is used to support the designated cause indefinitely.
Key Differences Between a Will and a Trust Under Sharia
| Feature | Islamic Will (Wasiyyah) | Islamic Trust (Waqf) |
| Timing | Takes effect after death | Takes effect during lifetime |
| Revocability | Revocable until death | Irrevocable once established |
| Ownership | Assets remain with the testator until death | Assets are permanently transferred to the trust |
| Beneficiaries | Individuals or causes not entitled to fixed shares | Charitable or public beneficiaries |
| Religious Purpose | Optional charitable element | Inherently charitable |
| Legal Form in UK | Testamentary document | Trust deed or declaration |
Implementing a Wasiyyah in the UK
In England and Wales, a wasiyyah can be incorporated into a legally valid will, provided it complies with the Wills Act 1837. This means the will must:
- Be in writing
- Be signed by the testator
- Be witnessed by two independent adults
- Be made voluntarily and by someone of sound mind
The wasiyyah portion must not exceed one-third of the net estate (after debts and funeral expenses), and it must not benefit Qur’anic heirs unless other heirs consent after the testator’s death.
At Blackstone Solicitors, we help clients draft wills that reflect both their religious obligations and legal rights, ensuring clarity and enforceability.
Establishing a Waqf in the UK
Creating a waqf in the UK involves setting up a charitable trust. This can be done by:
- Drafting a trust deed that outlines the purpose, assets, and management of the waqf.
- Appointing trustees (mutawallis) to manage the waqf in accordance with Islamic principles.
- Registering the trust with the Charity Commission if it meets the criteria for charitable status.
The trust must be structured to comply with both Islamic law and UK charity law. This includes ensuring that the waqf’s objectives are exclusively charitable and that the assets are used for the intended purpose.
Complementary Use of Will and Trust
A will and a trust are not mutually exclusive. In fact, they can be used together to create a comprehensive estate plan:
- Use the will to distribute personal assets and make bequests within the one-third limit.
- Use the trust to establish a lasting charitable legacy that continues to benefit others long after your death.
For example, a Muslim may use their will to leave one-third of their estate to a waqf trust, which then funds a school or hospital in their name.
Common Misunderstandings
“A waqf can be changed after it’s created.”
Once a waqf is established, it is irrevocable. The donor relinquishes all ownership and control over the asset.
“I can use my will to give more to one child.”
Under Sharia, fixed heirs must receive their prescribed shares. You cannot use the wasiyyah to increase a Qur’anic heir’s share unless all other heirs consent after your death.
“A trust is only for the wealthy.”
Trusts can be created with modest assets. Even a small waqf can have a lasting impact if managed wisely.
Legal and Religious Guidance
Creating a Sharia-compliant will or trust in the UK requires careful planning and expert advice. At Blackstone Solicitors, we offer:
- Drafting of Sharia-compliant wills
- Establishment of Islamic charitable trusts
- Advice on tax implications and legal compliance
- Guidance on selecting trustees and managing waqf assets
We work closely with Islamic scholars and financial advisors to ensure that your estate plan honours your faith and protects your legacy.
Conclusion
The Islamic will (wasiyyah) and the Islamic trust (waqf) serve distinct but complementary roles in estate planning. While the wasiyyah allows for limited personal bequests after death, the waqf enables Muslims to create a lasting charitable legacy during their lifetime.
Both instruments can be implemented within the legal framework of England and Wales, provided they are carefully structured and professionally drafted.
At Blackstone Solicitors, we are committed to helping you navigate this process with clarity, confidence, and respect for your religious values. Whether you are planning your estate or establishing a charitable trust, our team is here to support you every step of the way.
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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