Sharia-Compliant Islamic Wills

A Will is a legally binding document that specifies who should receive a deceased person’s assets when they die.

A Sharia-compliant Will is a Will that contains bequests that are in line with the principles of the Islamic law of succession. Every Muslim must make a Will which arranges who will receive their property when they die, in accordance with the laws of Sharia. Although Sharia is common to all Muslims, the principles relating to issues of inheritance may vary substantially between Sunnis and Shias.

If a person does not make a will, their assets must pass to their family in accordance with intestacy rules, which do not follow the principles of Sharia.

In order to create an Islamic Will which will be legally binding in the UK, you must:

• Be 18 years old or over
• Have the mental capacity to make a Will
• Have a written Will (spoken declarations are not legally-binding)
• Declare that you wrote the Will
• Legally declare that this is your last Will (meaning that any other Wills that cover the same assets are now invalid)
• Sign the Will in the presence of two witnesses, neither of whom can be your spouse or a beneficiary of the Will.

There are a number of additional requirements that must be included in your UK will for it to be Sharia-compliant, including:

• The executor (or wasi) must be a Muslim
• The exact distribution of an estate can only be determined upon your death
• Any assets you leave must be specific such as a certain car, piece of jewellery or an amount of cash left to a charity
• At least two-thirds of your estate must be distributed among living family members
• One-third can be left to anyone who’s not entitled to a fixed share, such as a charity.