Having Sharia Law Compliant Wills ensures that your estate is distributed in line with Islamic inheritance rules. Without it, your assets may instead be divided according to the intestacy laws of the country where you pass away, which will not take Islamic principles into account. This could lead to your wealth being allocated in ways that conflict with your faith. Regarding Sharia Law Wills, Islam says…
According to the Sharia Law in Islam, a Muslim with wealth is under a duty to write a will and he/she should not let three days pass without executing a Will. The Quran and Hadiths place great emphasis on the distribution of a Muslims’ wealth in a prearranged way upon death, with the goal of allocating wealth justifiably, safeguarding the rights of the susceptible.
A sharia compliant Will gives the testator a chance to help someone who is not eligible to inherit from them too. The Will can be used to explain the nature of joint accounts, those living in commonality, appointment of guardians for one’s children and much more.
Unless you make a lawful Sharia Will, your estate will not be dispersed in harmony with Sharia laws of inheritance and you will not be able to assign a trustee (wassiya) to your estate and property.
To accomplish your religious duty, it is significant for Muslims to implement a Sharia compliant Will and not just a secular will. The extremely knowledgeable team at MAR Legal is here to support you with legal advice and execution relating to your Sharia compliant Will, providing the backing you need to make sure everything is finalised suitably.
Sharia Wills Explained
As a minimum, it is said that two-thirds of a deceased Muslim’s estate must be scattered amongst living relations in fixed shares as outlined in the Quran. Up to one-third of a Muslim’s estate can be donated to anyone in a Will who is not entitled to a fixed share, such as a charity. Muslims might request to leave a “Sadaqah Jariya” (which is a sort of continuous charitable donation in the cause of Allah) and Muslims have faith that they can earn the rewards for this beyond the grave.
Under an Islamic will, Muslims can also:
- Assign Executors to manage their estate after they have died
- Outline guardians of children
- Make provisions for any children, such as outlining the amount for their maintenance, education or benefit. This can be done in Sharia-compliant trusts
- Stipulate who they prefer the ’up to one third bequests’ can be given to
- Stipulate any charities they may wish to donate to
- Specify any funeral wishes. Muslims must be buried, and their bodies should not be subject to a post-mortem in accordance with Sharia Law.
Sharia Wills and English Law
It is vital to confirm that not only does a Sharia compliant Will adheres to the values of Islam, but it is also tax efficient and compliant with the laws of England and Wales. Preparation for your Will is key to conserving your assets and qualifying tax and our MAR team can help you by advising on tax legislation. There are ways to draft Sharia compliant Wills that also save Inheritance Tax that MAR Legal can help you with.
What Happens If I Don’t Have a Sharia Will?
If you die without a Sharia Law Will in place, then your assets and estate will be circulated to fit the rules of intestacy of the country. This will mean that no thoughts for Muslim beliefs and going through the process will upsurge the time and cost of dealing with an estate.
Sharia Wills can also be used to set out specific requests for burial and how the body is handled after the death.
Why Choose MAR Legal for Sharia Law Wills?
MAR Legal have been creating Sharia Law Compliant Wills for several years and are highly knowledgeable in all facets of Sharia will writing. We have the know-how to ensure that you are not only complying to your faith, but also the laws of the land.
Islam places strong emphasis on fairness, responsibility, and the safeguarding of family rights. Writing a will is therefore not only a legal matter but also a religious duty. 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)
According to Islamic teaching, a Muslim with wealth should not allow more than three days to pass without having a written will. This requirement is rooted in both the Quran and Hadiths, which stress the just distribution of wealth and protection of the vulnerable.
Sharia Wills and English Law
For Muslims living in England and Wales, it is crucial that a Sharia will is also valid under secular law. This ensures that:
- The will is legally enforceable in court.
- It complies with inheritance tax rules, helping to preserve wealth for your family.
- Your wishes are respected without challenge.
At MAR Legal, we draft Sharia wills that are both compliant with Islamic principles and optimised for UK tax and probate law. This dual approach ensures your estate is handled exactly as you intend.
What Happens Without a Sharia Will?
If you die without a valid Sharia will:
- Your estate will be distributed under UK intestacy rules, with no reference to Islamic inheritance principles.
- Family members who should inherit under Sharia law may be excluded.
- The process may take longer and be more expensive.
- Important religious wishes regarding guardianship, burial, or charitable giving may be ignored.
Why Choose MAR Legal?
At MAR Legal, we have years of experience creating Sharia-compliant wills for Muslim clients in the UK and internationally. Our team understands the balance between faith-based obligations and legal compliance, giving you confidence that both your religious duties and your family’s needs are fully met.
We also offer guidance on making your will tax efficient, protecting your assets for future generations while fulfilling your religious responsibilities.
Take advantage of MAR’s free 30-minute consultation
For a no obligation discussion about Sharia Law Wills, contact MAR Legal
FAQs on Sharia Law Compliant Wills
What is a Sharia Law Compliant Will?
A Sharia Law Compliant Will is a will drafted in line with Islamic inheritance principles, ensuring your estate is distributed according to the Quran and Hadith. It allows you to fulfil your religious duty while also protecting your family and assets under the law of England and Wales.
Do I need a Sharia Law Compliant Will if I live in the UK?
Yes. Without one, your estate will be divided under UK intestacy rules, which do not reflect Islamic inheritance principles. A Sharia Law Compliant Will ensures your wealth is distributed justly in line with your faith while also being valid under UK law.
How is a Sharia Law Compliant Will different from a standard will?
A standard will allows full discretion over who inherits your estate. A Sharia Law Compliant Will, however, follows fixed shares for family members (usually two-thirds of the estate) while allowing you to freely allocate up to one-third to non-heirs or charitable causes, such as Sadaqah Jariya.
Can a Sharia Law Compliant Will also save tax?
Yes. At MAR Legal, we ensure your Sharia Law Compliant Will is not only valid under Islamic principles but also drafted to comply with UK inheritance tax rules, helping you protect more of your estate for your loved ones.
What happens if I don’t have a Sharia Law Compliant Will?
If you pass away without one, your estate will be distributed according to UK intestacy rules. This means your assets may not be allocated in accordance with Sharia principles, and important wishes around guardianship, charity, or funeral arrangements may be ignored.
Why choose MAR Legal for Sharia Law Compliant Wills?
Our expert team has years of experience drafting Sharia Law Compliant Wills for clients in the UK and internationally. We combine deep understanding of Islamic obligations with knowledge of English law to ensure your will is both valid and faithful to your beliefs.