Islamic Wills: Sharia Compliant and Legally Valid in England and Wales

An Islamic will ensures your estate is distributed according to sharia principles while remaining legally valid under English law. MAR Legal drafts Islamic wills for British Muslims that are sharia compliant, enforceable, and clear for your family to follow.

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Why Your Islamic Will Must Be Drafted Correctly

Without a valid Islamic will in place, your estate will be distributed under the intestacy rules of England and Wales, which take no account of sharia principles or your faith. English law does not automatically apply Islamic inheritance rules and simply stating in a will that sharia should apply is not sufficient to make it legally effective. The interaction between Islamic inheritance law and English succession law requires careful drafting. A poorly prepared will risks being invalid, leaving your family without the protection you intended, and your estate distributed in a way that conflicts with your beliefs.

How Islamic Inheritance Works in the UK

Understanding a few key concepts makes it much easier to approach Islamic will planning with confidence.

Wasiyyah

A Wasiyyah is the Islamic term for a will. It is the document through which a Muslim records their intentions for the distribution of their estate after death. Under Islamic tradition, making a wasiyyah is a duty. Under English law, it must meet the formal requirements of the Wills Act 1837 to be legally binding, including being signed in the presence of two independent witnesses.

Faraid

Faraid refers to the fixed shares of inheritance prescribed by the Quran for certain heirs, including spouses, children, and parents. These shares are set and cannot be altered by personal preference. For example, a wife receives one-eighth of her husband’s estate if there are children, and one-quarter if there are none. Sons and daughters inherit in a two-to-one ratio under the faraid rules. These fixed shares apply to at least two-thirds of the estate.

English Law and Sharia

English law recognises testamentary freedom, meaning you are broadly free to leave your estate as you choose. This means a sharia-compliant Islamic will is legally valid in England and Wales, provided it is properly executed. However, certain individuals, including spouses and children, may still bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they feel they have not received reasonable financial provision. This is an important consideration in the drafting process.

The One-Third Rule

Islamic law permits a person to distribute up to one-third of their estate as they choose, outside the fixed faraid shares. This discretionary portion, the wasiyyah element in the narrower sense, can be left to non-heirs, to charity, or used for specific purposes such as funeral costs or sadaqah. It cannot be used to give more to an heir who already receives a fixed share.

What having an Islamic Will in place Means for You

  • Your estate is distributed in line with Islamic principles
  • Your will is legally valid and enforceable under English law
  • Your family avoids the uncertainty of intestacy
  • Your discretionary one-third bequest is clearly documented
  • Charitable giving and sadaqah intentions are properly recorded

When to seek advice

  • You do not yet have a valid will in place
  • Your existing will does not reflect Islamic inheritance principles
  • Your family circumstances have changed through marriage, divorce, or children
  • You want to include charitable giving or sadaqah in your estate planning
  • You have assets in more than one country and need to understand how each is treated

Meet the Founder

Marium brings 22 years of experience advising businesses and individuals on corporate, commercial and ILA law matters across the UK and the Middle East.

A qualified Solicitor individually authorised and regulated by the Solicitors Regulation Authority (SRA ID: 277854), Marium is also a registered Part II Practitioner and mediator in the DIFC Courts, and an established member of the Chartered Institute of Arbitrators.

Her experience spans complex legal matters for high-profile clients throughout her career, she has been awarded the fastest growing women-led business in the UK recognised by Fortune 500 and former Prime Minister David Cameron.

Marium Razzaq - Solicitors in Manchester
Marium Razzaq
Solicitor & Director Mar Legal

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Why People Choose MAR Legal for Islamic Wills

Solicitor Led Drafting

Solicitors who work at MAR Legal handle every Islamic will with the care and precision the process requires. 

Dual Compliance

Every will we draft is both sharia compliant and legally valid under English law.

Fixed Fee Pricing

Transparent costs from the outset with no unexpected charges. 

Plain Language

We explain Islamic inheritance concepts clearly so you can make fully informed decisions.

Trusted by people across the UK for clear, accessible advice on Islamic Wills

How Our Islamic Will Process Works

01

Initial consultation

We discuss your family circumstances, your assets, and your wishes under Islamic inheritance principles.


02

Faraid Calculation and Planning

We work through the fixed shares applicable to your situation and discuss how you wish to use the discretionary one-third portion.


03

Drafting

Our solicitors prepare your will so that it reflects your intentions, complies with sharia, and meets all requirements of English law.


04

Signing and Witnessing

We guide you through the formal signing process to make sure your will is legally valid and properly executed.

What Our Clients Say

You may also need help with:

Islamic will planning sits within a broader approach to estate planning. You may also want to consider estate planning advice to look at your full position, lasting powers of attorney to ensure the right people can act on your behalf if you lose capacity, and commissioner for oaths services if you need documents formally witnessed or sworn.

Common Questions About Islamic Wills

An Islamic will, or wasiyyah, is a legal document that sets out how a Muslim’s estate should be distributed after death in accordance with Islamic inheritance principles. It combines the religious obligation to distribute wealth according to sharia with the legal requirements of English law. To be valid in England and Wales, it must be signed by the person making the will and witnessed by two independent adults. A will that simply states sharia law should apply is not sufficient and is likely to be ineffective.

Faraid is the system of fixed inheritance shares prescribed by the Quran for certain heirs. These shares are mandatory and cannot be changed by personal preference. The shares depend on which heirs survive the deceased. As a general principle, at least two-thirds of the estate must be distributed according to the faraid rules. The remaining one-third can be distributed as the person chooses through a bequest, known as the wasiyyah portion.

No. English law does not treat sharia as a separate legal system, and sharia rules do not apply automatically to estates in England and Wales. However, because English law allows you to leave your estate largely as you wish, it is possible to draft a will that is both sharia compliant and legally valid. The key is that the will must meet the formal requirements of the Wills Act 1837 and be carefully drafted to reflect Islamic inheritance principles within that framework.

Yes. Under Islamic law, up to one-third of your estate can be distributed outside the fixed faraid shares. This discretionary portion can be left to non-heirs, to non-Muslim family members, or to charitable causes. It cannot be used to increase the share of an heir who already receives a fixed portion under faraid. Sadaqah and charitable giving are considered an important part of Islamic estate planning and can be specifically recorded in the will.

Faraid refers to the mandatory fixed shares of inheritance set out in the Quran for specific heirs such as spouses, children, and parents. These cannot be altered. Wasiyyah, in its narrower sense, refers to the discretionary one-third of the estate that can be distributed outside those fixed shares. In everyday use, wasiyyah also refers to the Islamic will as a whole document. A properly drafted Islamic will addresses both elements: how the fixed shares are to be distributed and how the discretionary portion, if any, is to be used.

If you die without a valid will, your estate is distributed under the intestacy rules of England and Wales. These rules make no reference to Islamic inheritance principles and are unlikely to reflect your wishes as a Muslim. For example, under English intestacy rules, an unmarried partner may inherit before blood relatives, which conflicts with Islamic inheritance principles. Without a valid will, your family may also face a more difficult and costly process in administering your estate.

MAR Legal offers fixed fee will drafting so you know the cost from the outset. The fee will depend on the complexity of your circumstances, including the number of heirs, the nature of your assets, and whether you wish to include a discretionary bequest or charitable giving provisions. We discuss pricing at the initial consultation before any work begins, so there are no unexpected costs.