In Islam, the distribution of wealth after death is not merely a legal or financial matter—it is a deeply spiritual obligation. The Islamic perspective on wills and inheritance is rooted in divine guidance, with clear instructions laid out in the Qur’an and the Sunnah (the teachings and practices of the Prophet Muhammad, peace be upon him). These rules are designed to ensure justice, prevent disputes, and uphold the rights of family members.
For Muslims living in England and Wales, understanding how Islamic inheritance principles align with domestic law is essential. At Blackstone Solicitors, we help clients navigate this complex area with sensitivity and legal precision. This article explores the Islamic view on wills and inheritance, and how these principles can be implemented within the legal framework of England and Wales.
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The Religious Foundation of Islamic Inheritance
Islamic inheritance law, known as Ilm al-Faraid, is one of the most detailed areas of Sharia (Islamic law). It is considered a divine commandment, with specific shares allocated to family members. The Qur’an dedicates several verses—particularly in Surah An-Nisa (Chapter 4)—to inheritance, making it one of the few areas of Islamic law with such explicit detail.
Key Principles:
- Fixed Shares: The Qur’an specifies exact proportions for certain heirs, such as spouses, children, and parents. For example, a son typically receives twice the share of a daughter.
- One-Third Discretionary Rule: A Muslim may bequeath up to one-third of their estate to individuals who are not fixed heirs or to charitable causes. This is known as the Wasiyyah.
- No Disinheritance: Heirs entitled to fixed shares cannot be excluded from the inheritance.
- Justice and Equity: The system is designed to ensure fairness and prevent favouritism or neglect of vulnerable family members.
These rules are not subject to personal preference and must be followed to ensure compliance with Islamic teachings.
The Importance of Making a Will in Islam
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)
This Hadith underscores the importance of preparing a will. In Islam, a will serves several purposes:
- Ensuring the correct distribution of wealth
- Settling debts and obligations
- Making charitable bequests
- Appointing guardians for minor children
- Providing clarity and avoiding family disputes
A will is not just a legal document—it is a moral and religious duty.
The Role of Executors and Debts
In Islamic tradition, the estate of the deceased must first be used to:
- Pay for funeral expenses
- Settle any outstanding debts
- Fulfil any valid bequests (up to one-third of the estate)
- Distribute the remainder among the fixed heirs
Executors play a crucial role in ensuring these steps are followed. They must act with integrity and in accordance with both Islamic and civil law.
Islamic Inheritance vs. English Law
In England and Wales, the principle of testamentary freedom allows individuals to distribute their estate as they wish, provided the will is valid under the Wills Act 1837. However, this freedom can conflict with the rigid structure of Islamic inheritance.
Key Differences:
- Flexibility vs. Obligation: English law allows complete discretion, while Islamic law mandates fixed shares.
- Legal vs. Religious Validity: A will that is valid under English law may not be Sharia-compliant, and vice versa.
Challenges under the Inheritance Act 1975: Certain individuals (e.g., spouses, children, dependants) can challenge a will if they believe it does not make reasonable financial provision for them.
To ensure both legal and religious compliance, a will must be carefully drafted with professional guidance.
Creating a Sharia-Compliant Will in the UK
Muslims in England and Wales can create wills that are both Sharia-compliant and legally valid. This requires careful planning and a clear understanding of both legal systems.
Steps to Consider:
- Identify Fixed Heirs: Determine who is entitled to inherit under Islamic law and calculate their shares.
- Allocate the One-Third Discretionary Portion: Decide how to use this portion—e.g., for charity, non-Muslim relatives, or personal bequests.
- Appoint Executors: Choose individuals who understand both Islamic and English legal requirements.
- Include a Letter of Wishes: This can explain the religious reasoning behind the distribution and help prevent disputes.
- Seek Legal Advice: A solicitor can ensure the will complies with the Wills Act 1837 and is enforceable in court.
Common Misconceptions
- “I don’t need a will if I follow Sharia.”
Without a valid will, your estate will be distributed according to the rules of intestacy, which do not align with Islamic principles. A Sharia-compliant will ensures your wishes are respected.
- “I can leave everything to one child.”
Islamic law prohibits favouritism among heirs. Fixed shares must be honoured, and disinheriting a rightful heir is not permissible.
- “Non-Muslims can’t inherit anything.”
While non-Muslims cannot receive fixed shares, they can be included in the one-third discretionary portion.
The Role of Solicitors
At Blackstone Solicitors, we specialise in drafting wills that respect our clients’ religious beliefs while complying with the legal framework of England and Wales. Our services include:
Drafting Sharia-compliant wills
- Advising on inheritance tax and estate planning
- Acting as executors or trustees
- Resolving disputes involving Islamic wills
We work closely with Islamic scholars and financial advisors to provide a comprehensive, faith-sensitive service
Conclusion
The Islamic perspective on wills and inheritance is rooted in divine guidance and moral responsibility. For Muslims in England and Wales, creating a Sharia-compliant will is not only a religious obligation but also a practical necessity. It ensures that wealth is distributed fairly, debts are settled, and family disputes are avoided.
At Blackstone Solicitors, we are committed to helping our clients honour their faith while protecting their legal rights. Whether you are drafting a new will or reviewing an existing one, our experienced team is here to guide you every step of the way.
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.
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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