For Muslims living in England and Wales, estate planning often involves balancing religious obligations with the legal framework of English law. One of the most significant aspects of Islamic inheritance is the concept of Wasiyyah—a bequest that allows a Muslim to allocate a portion of their estate to individuals or causes not otherwise entitled under Islamic inheritance rules.
At Blackstone Solicitors, we are frequently asked how Wasiyyah works, how it fits within a Sharia-compliant will, and how it can be implemented legally in the UK. This article explores the Islamic concept of Wasiyyah, its religious foundations, and how it can be incorporated into a valid will under English law.
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The Meaning of Wasiyyah
In Islamic jurisprudence, Wasiyyah refers to a bequest or testamentary gift made by a Muslim during their lifetime to be executed after their death. It is derived from the Arabic root word wassa, meaning to advise or entrust. The Wasiyyah is a voluntary act of charity and goodwill, distinct from the obligatory distribution of an estate among Qur’anic heirs.
The Qur’an encourages believers to make a will:
“It is prescribed for you, when death approaches any of you, if he leaves wealth, that he make a bequest to parents and next of kin, according to reasonable usage; this is a duty upon the righteous.” (Surah Al-Baqarah 2:180)
Although later verses clarified the fixed shares for heirs, the concept of Wasiyyah remains valid for non-heirs and charitable causes.
Key Features of Wasiyyah
- One-Third Rule
Islamic law permits a Muslim to bequeath up to one-third of their net estate (after debts and funeral expenses) through Wasiyyah. This portion can be given to:
- Non-Muslim relatives
- Distant family members not entitled to fixed shares
- Charitable organisations
- Friends or carers
- Religious or educational institutions
The remaining two-thirds must be distributed among Qur’anic heirs according to fixed shares.
- Exclusion of Heirs
A Wasiyyah cannot be made in favour of someone who is already entitled to a fixed share under Islamic inheritance law—such as a spouse, child, or parent—unless all other heirs consent after the testator’s death.
- Conditional or Specific Bequests
The Wasiyyah can be conditional (e.g., “if my nephew completes his education”) or specific (e.g., “£5,000 to a local mosque”). However, it must not contradict Islamic principles or exceed the one-third limit.
The Spiritual Significance of Wasiyyah
The Wasiyyah is not merely a legal tool; it is a spiritual opportunity. It allows Muslims to:
- Continue earning Sadaqah Jariyah (ongoing charity) after death
- Support causes close to their heart
- Provide for individuals who may not otherwise inherit
- Demonstrate compassion and foresight
The Prophet Muhammad (peace be upon him) said:
“It is the duty of a Muslim who has anything to bequeath not to let two nights pass without writing a will about it.” (Sahih al-Bukhari)
Wasiyyah and English Law
In England and Wales, individuals have broad testamentary freedom—the right to leave their estate to whomever they choose. This means that the Wasiyyah can be fully implemented within a legally valid will, provided certain conditions are met.
Legal Requirements for a Valid Will:
- The testator must be over 18 and of sound mind
- 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
Tax Considerations:
Bequests to UK-registered charities are exempt from Inheritance Tax
If 10% or more of the estate is left to charity, the tax rate on the remainder may be reduced from 40% to 36%
These provisions make the Wasiyyah not only spiritually rewarding but also potentially tax-efficient.
Drafting a Wasiyyah Clause
A typical Wasiyyah clause in a Sharia-compliant will might read:
“I bequeath one-third of my net estate, after payment of debts and funeral expenses, to the following individuals and charitable causes…”
It is essential to:
- Clearly identify the beneficiaries
- Specify the amounts or percentages
- Ensure the total does not exceed one-third of the estate
- Avoid naming Qur’anic heirs unless their posthumous consent is expected
Common Misunderstandings
“I can leave everything to charity.”
Not under Sharia. Only one-third of the estate can be allocated through Wasiyyah. The rest must go to fixed heirs.
“I can increase my daughter’s share through Wasiyyah.”
Not unless all other heirs agree after your death. Otherwise, this would violate the principle of fixed shares.
“I don’t need a will; my family knows my wishes.”
Without a valid will, your estate will be distributed under the rules of intestacy, which do not consider Islamic principles.
Practical Steps for Implementing Wasiyyah
- Consult a Specialist Solicitor
At Blackstone Solicitors, we understand both English law and Islamic inheritance principles. We can help you draft a will that respects your faith and complies with legal standards.
- Identify Your Heirs
List all potential Qur’anic heirs. This will help determine who cannot receive a Wasiyyah.
- Calculate the One-Third
Estimate your estate’s value and determine the maximum amount you can allocate through Wasiyyah.
- Choose Beneficiaries
Select individuals or causes that are meaningful to you and not entitled to fixed shares.
- Keep the Will Updated
Review your will regularly, especially after major life events such as marriage, divorce, or the birth of a child.
Conclusion
The Islamic concept of Wasiyyah offers a unique opportunity to extend your legacy beyond the obligatory distribution of wealth. It allows you to support charitable causes, honour friendships, and express your values—while still adhering to the principles of Sharia.
In England and Wales, the legal system provides the flexibility to incorporate Wasiyyah into a valid will. However, doing so correctly requires careful planning and expert legal advice.
At Blackstone Solicitors, we are committed to helping you create a will that is both legally sound and spiritually fulfilling. Whether you are drafting your first will or updating an existing one, our team is here to guide 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.
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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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