Islamic Will & Inheritance Rules UK
Islamic law provides detailed rules about how a Muslim's estate should be distributed. While UK law doesn't automatically apply Islamic inheritance rules, Muslims can write wills that follow Sharia principles. This guide explains the key concepts.
- Islamic inheritance (faraid) has fixed shares for relatives
- Only 1/3 of estate can be given to non-heirs (wasiyyah)
- UK law allows Muslims to write Sharia-compliant wills
- Without a will, UK intestacy rules apply, not Islamic rules
- Writing a will is considered obligatory (wajib) in Islam
- Seek qualified Islamic scholarship for complex estates
Why Muslims should write a will
The Prophet Muhammad (peace be upon him) said: "It is not permissible for any Muslim who has something to bequeath to spend two nights without having a written will." Writing a will is important because:
- Ensures your estate is distributed according to Islamic principles
- Prevents family disputes about inheritance
- UK intestacy rules (if you die without a will) don't follow Islamic inheritance shares
- Allows you to make bequests (wasiyyah) to charity or non-heirs
- Can specify Islamic burial wishes
UK Intestacy vs Islamic Law
If a Muslim dies without a will in the UK, the estate is distributed according to UK intestacy rules—which differ significantly from Islamic inheritance. For example, UK law may give everything to a spouse, while Islamic law requires shares for children, parents, and others. A will is essential to ensure Islamic compliance.
Basic Islamic inheritance principles
Islamic inheritance (known as faraid or mirath) follows Quranic guidelines:
Fixed shares (Fara'id)
The Quran specifies fixed shares for certain relatives (known as "quota heirs"). These include spouses, daughters, parents, and others. The shares are distributed from the estate after debts and bequests.
Residuary heirs (Asaba)
After fixed shares are distributed, remaining estate goes to residuary heirs—typically male relatives like sons, father, brothers. If there are no residuary heirs, the estate may return to fixed-share heirs.
Bequests (Wasiyyah)
Up to 1/3 of the estate can be bequeathed to non-heirs (like charity, friends, or distant relatives). Bequests to Quranic heirs are not permitted without other heirs' consent.
Main inheritance shares
Here are the key fixed shares specified in the Quran (simplified):
Spouse shares
- Husband – receives 1/4 if wife has children, 1/2 if no children
- Wife – receives 1/8 if husband has children, 1/4 if no children
Children's shares
- Sons – residuary heirs (receive remainder after fixed shares)
- Daughters – 1/2 if only daughter, 2/3 shared if multiple daughters (when no sons). If sons present, daughters share residue at 1:2 ratio
Parents' shares
- Father – 1/6 if deceased has children, or residuary heir if no children
- Mother – 1/6 if deceased has children, 1/3 if no children (with variations)
Note on complexity
Islamic inheritance is a complex subject with many variations depending on which relatives survive. The above are simplified guidelines. For actual estate distribution, consult a scholar or specialist in Islamic inheritance law.
The 1/3 rule (Wasiyyah)
The Prophet (peace be upon him) limited bequests to non-heirs to maximum 1/3 of the estate. This means:
- You can leave up to 1/3 to charity, friends, or distant relatives
- You cannot leave more than 1/3 to non-heirs
- You cannot leave anything to Quranic heirs beyond their fixed share (without other heirs' consent)
- Many Muslims leave 1/3 to Islamic charities
Writing a Sharia-compliant will in the UK
UK law allows you to distribute your estate according to your wishes, including Islamic principles. Options include:
Islamic will writing services
Several UK organisations offer Sharia-compliant will writing services. They combine UK legal requirements with Islamic inheritance rules. Examples include services offered by Islamic Relief, NZF, and specialist Islamic law firms.
Solicitors with Islamic expertise
Some UK solicitors specialise in Sharia-compliant wills. They can draft legally valid UK wills that follow Islamic inheritance principles.
DIY with guidance
You can write your own will following Islamic guidance, but it must be legally valid under UK law (signed, witnessed, etc.). Many Islamic organisations provide templates.
What to include in an Islamic will
Essential elements:
- Shahada (declaration of faith) – opening with Islamic testimony
- Appointment of executor – ideally a Muslim who understands Islamic inheritance
- Burial wishes – Islamic burial, preferred cemetery, no cremation
- Payment of debts – all debts must be settled first
- Bequests (wasiyyah) – gifts to non-heirs (max 1/3)
- Distribution statement – remaining estate distributed according to Quran and Sunnah
- Witnesses – ideally Muslim witnesses (though UK law allows any adult witnesses)
Common issues and considerations
Gender differences in shares
In certain situations, Islamic inheritance gives sons double the share of daughters. This is part of a holistic financial system in Islamic law where:
- Men bear mandatory financial obligations (nafaqah) to provide for wife, children, and parents
- Women retain full ownership of their wealth with no obligation to spend it on household expenses
- Women receive mahr (bridal gift) which is theirs exclusively
- In many cases (such as with parents), shares are actually equal
These rules are considered divine guidance by Muslims. For questions about application in specific circumstances, consult a qualified Islamic scholar.
Non-Muslim relatives
Classical Islamic scholarship holds that inheritance follows religious lines—Muslim relatives inherit from Muslims. This can be a sensitive issue in mixed-faith families, and we understand the emotional complexity involved.
Importantly, UK law allows you to use the 1/3 wasiyyah (bequest) portion to leave gifts to non-Muslim family members, friends, or anyone you wish. Many Muslims use this to provide for non-Muslim relatives they care about deeply.
If you have non-Muslim family members you wish to provide for, discuss this with both an Islamic scholar and a solicitor to find the best approach for your situation.
Joint assets
In the UK, jointly owned assets (like a house with spouse) may pass automatically to the survivor. This needs careful consideration when planning Islamic inheritance.
Pension death benefits
Pension schemes often have separate nomination forms. Consider who you nominate and how this interacts with your Islamic will.
Fidyah and Kaffarah (religious debts)
If the deceased had religious obligations they could not fulfil—such as missed fasts due to chronic illness, or unfulfilled vows—fidyah (compensation) may need to be paid from the estate.
Similarly, kaffarah (expiation) for broken oaths or other matters should be settled. These are considered debts to Allah (SWT) and are typically paid before inheritance distribution. Consult a scholar about your specific situation.
Reviewing your will
Review your will regularly, especially after:
- Marriage or divorce
- Birth or death of children/grandchildren
- Significant change in assets
- Death of named executors or beneficiaries
- Moving to a different country
Get professional help
Islamic inheritance is complex. While this guide provides an overview, we recommend consulting both an Islamic scholar and a UK solicitor to ensure your will is both religiously valid and legally enforceable.
If there is no will
If a Muslim dies without a will in the UK:
- UK intestacy rules apply automatically
- Distribution will not follow Islamic shares
- Family may try to redistribute privately to follow Islamic rules, but this requires all beneficiaries to agree
- It creates complexity, potential disputes, and tax issues
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