Islamic Wills in the UK

It has been reported that over half of the British population don’t have a will in place, but it is one of the most important things a person can do, especially those who are devoted to Islam. 

Inheritance planning and will writing is of particularly high importance to Muslims, due to the emphasis placed on leaving this world in the best possible way within the Qur’an and Shariah law.

Muslims living in the UK can, however, experience difficulties and complexities if they choose to write their will themselves due to Britain being a non-Muslim country, which is why we always recommend using a legal, professional Islamic will-writing service, like that provided here at Quick Wills. 

What is an Islamic will? 

A will is a legal document that allows you to express your final wishes. In order to do this, you’ll need to make a range of important decisions regarding the distribution of your estate, guardianship orders for your children, personal arrangements for your funeral and who you will appoint as an executor to handle the process of probate and administer the will in the event of your death. 

Once you create a will, you are rewarded with peace of mind, knowing that your assets will be protected when you pass away and that you have put plans in place to ensure your heirs remain financially secure when you’re no longer around to provide for them.

One of the main differences between an Islamic will (or Sharia will) and a standard non-Islamic will is that Muslims are required to follow pre-determined rules that specify exactly how their estate should be divided among family members, while non-Muslims can choose who gets what parts of their inheritance themselves. 

The Qur’an outlines specific Islamic will rules that define what percentage or share of an estate certain family members are entitled to. For example, the husband of a deceased Muslim is entitled to 50% of the estate if they have no surviving children. 

The importance of inheritance in Islam

Inheritance planning is crucial and should be done if you want to have any say on how your estate is handled in the event of your death, regardless of your religion.

But inheritance is particularly important to Muslims, due to the emphasis placed on it within the Qur’an and Shariah law (or Islamic law). The importance of inheritance is expressed through the four duties that must be completed upon the death of a Muslim, which includes: 

• Paying their funeral costs

• Paying off their debts

• Executing their will

• Dividing their estate in line with Islamic will rules

While it is important for all people to write a will in the UK, it is even more crucial for Muslims, due to the many complications that can occur. 

The importance of an Islamic will in the UK

In most Muslim countries, the rules of intestacy (the rules that apply when someone dies without a valid will) are derived from Sharia law under Islamic jurisprudence, which means that all Muslims who die in those countries will be adhering to their Islamic beliefs even if they don’t have a will in place.

In the UK, a non-Islam country, the domestic laws and rules of intestacy are not derived from Sharia law and any religious obligations will therefore not be taken into account when distributing your estate if you die without an Islamic will. This is one of the many reasons why it is particularly crucial for British Muslims to plan ahead and write a will under Islamic law. 

When you die without a will in the UK, your estate will be distributed in line with intestacy rules and your religious beliefs will not be considered. If you die and there is no one related to you that qualifies for inheritance under intestacy rules, your entire estate could be handed over to the Crown.

This is why it is not only important to write a will that is compliant with Sharia law, but also one that is legally valid under domestic law in the UK. 

Register with Quick Wills today to start drawing up a will online. Our team of specialist Sharia will writers on hand to help should you face any problems. 

Sharia will writing – can you do it yourself? 

Some people may be tempted to write their own will using an Islamic will template, but doing so entails a significant amount of time and effort, and there’s also a high chance that mistakes will be made. 

If you write an Islamic will yourself but have worded certain legal phrases inaccurately, it’s possible that your will could become invalid when the time comes. This would mean that your estate would not be distributed in line with Shariah law OR your own individual preferences, but it would instead be divided in accordance with the rules of intestacy.  

By using our legal and professional services available here at Quick Wills, it will ensure that your will remains legally binding and risk-free until you pass away.  

What are the Islamic will rules and who is eligible for an inheritance? 

Unlike many other people, Muslims are required to follow specific principles and calculations when determining how their assets will be distributed upon their death.

How your estate is distributed depends on a variety of factors, including whether or not you have a spouse, if you have any children (and how many children you have) and whether your parents are alive. Not all children will inherit an equal amount (sons inherit more than daughters in most cases, for example) and each case is different, so you may need to use an Islamic will calculator to help you share out your estate correctly (there are plenty available online). 

Some of the key Islamic inheritance rules include the following: 

• Husband: The husband of the deceased is entitled to 50% (1/2) of the estate if they don’t have any surviving children or 25% (1/4) if they do have children.

• Wife: The wife of the deceased is eligible to inherit 25% (1/4) – half of what the husband would inherit from her if she died first – if they don’t have any surviving children, or 12.5% (1/8) if they do have children.

• Daughters: Daughters of deceased Muslims receive 50% (1/2) of the estate if they are an only child, or 66.6% (2/3) to share equally between them if there is more than one daughter and no sons.

• Son and daughter: Sons and daughters share a portion of the estate but it is not divided equally – sons are favoured with a 2:1 ration.

• Parents: Parents of the deceased are entitled to 16.6% (1/6) each if there are surviving children – a total of 32.3% between them.

For example, if a Muslim passes away and has a surviving wife, two sons and a father, their estate would be allocated as follows: 

• Wife: 12.5%

• Son 1: 35.42%

• Son 2: 35.42%

• Father: 16.67%

To determine how your estate should be distributed, you can use an Islamic will calculator or get in touch with us at Quick Wills and we’ll be happy to help you. 

As it stands, the deceased’s wife would only receive one-eighth of the estate left behind by her husband, a rather insubstantial amount in comparison to both sons, who receive a combined total of 70.84%. Understandably, many people in this situation may want to change their will so that their wife would receive a fairer portion of the estate, but is it possible to do so under Islamic law? 

Changing the inheritors of a will

Despite there being some very specific rules within Sharia law relating to the distribution of a Muslim’s estate, it is absolutely possible to make changes to how much each family member receives if the testator (the person who has written the will) wishes to do so.

If the testator decides that his wife should receive more of the inheritance, for example, then he is entirely within his rights to amend the allocation – all that is needed is written consent. 

If a testator wanted to reallocate their parents’ share of the estate over to their spouse, they would simply need written consent from the parents to do so. When written consent has been given, the testator is then able to write their new will or amend their existing one to contain the revised distribution instructions.

Bequests – flexibility when writing a will under Islamic jurisprudence

Bequests are unique to Islamic wills and should be considered when a Muslim is planning their inheritance.

In Islam, bequests refer to the testator’s flexibility to do what they please with one-third of their estate. This means that a Muslim can decide to use a bequest to distribute one-third of their assets in whatever way they want to, without having to adhere to Islamic law. 

If someone decides to use a bequest, the remaining two-thirds of the estate must still be divided among family members in line with Shariah law. 

People use bequests for a variety of reasons, including: 

• To give money to charity.

• To leave a specific sum of money to a special loved one.

• To gift a specific family heirloom to a chosen relative.

• To leave a kaffarah – a sum of money to cover any fasts and prayers they missed during their lifetime.

Bequests are pretty straightforward in how they work; there are just two easy rules that must be applied: 

• The beneficiaries and assets within a bequest must be clearly specified in the will (for example, if you wish to leave £5,000 to your eldest grandchild, you must state this clearly and explicitly).

• What you leave in a bequest must be worth no more than one-third of the value of your total estate.

It isn’t compulsory that you use a bequest – you can choose to apply Islamic rules to the entirety of your estate if you’d prefer – but bear in mind that you have the option to do as you wish with one-third of your possessions. 

Should you write an Islamic will online or through solicitors? 

You can either write your Islamic will online by using our professional, legal will-writing service, or you can opt to do so through a solicitor. 

Which option is most suited to you depends on your personal preferences and the circumstances surrounding your will, including its complexity and size. In order to help you make a decision, here’s a simple comparison table showing how the two methods fare against one another:

The method you choose to use is down to your preferences as there are pros and cons to both, but be sure to register with us to explore your options before committing to the costly service offered by solicitors. 

Islamic Will writing services at Quick Wills 

Islamic wills are complex – they must comply with British domestic law, but must also adhere to the Islamic terms and guidelines set out within the Qur’an. 

Writing an Islamic will would therefore be an enormous task to undertake on your own, which is why we’re here to make the process as straightforward as possible while ensuring that all legal requirements are taken care of. 

Knowing what to include in a will – especially an Islamic will – can feel overwhelming at first, but we’re here to help you. 

Our team here at Quick Wills are able to provide you with a professional and reliable service and are committed to making sure that your Islamic will is accurate, both in terms of your religious requirements and UK law.