Making an Islamic will in the UK

In Islam, the importance of making a will is deeply rooted in both religious and practical guidance. The Prophet Muhammad (peace be upon him) said:

“It is a duty of a Muslim who has anything to bequeath not to let two nights pass without including it in his Will.” (Sahih al-Bukhari)

This underscores the obligation to plan for the distribution of your estate in accordance with Islamic teachings. In the UK, however, the legal system operates independently of Shari’ah. Without a valid Islamic will, your estate may be handled in ways that do not align with your values.

An Islamic will allows you to:

• Specify how your estate is distributed based on Islamic inheritance rules.
• Ensure your legacy reflects your beliefs and principles.
• Gain peace of mind knowing your family and obligations are taken care of as per your faith.

If you die without a valid will, your estate will automatically fall under the UK’s intestacy laws. These laws:

• Distribute assets in fixed shares to certain family members, such as your spouse and children, without considering Islamic inheritance rules.
• May exclude extended family members, like parents and siblings, who would otherwise be entitled under Shari’ah.
• Ignore Islamic obligations, such as allocating specific shares to male and female heirs or provisions for charitable giving.

For example, under Islamic law, male heirs typically receive a greater share than female heirs, reflecting their financial responsibilities. Intestacy laws in the UK do not account for this distinction. By creating an Islamic will, you ensure that your estate is divided correctly and according to your religious principles.

One of the most critical aspects of an Islamic will is the ability to appoint guardians for your children under the age of 18. If both parents pass away without a valid will, the UK courts will decide who should take responsibility for your children.

This process does not guarantee that the appointed guardian will share your faith, values, or approach to raising your children.

By explicitly naming guardians in your will, you can:

• Ensure your children are raised by someone who aligns with your beliefs.
• Avoid disputes among family members over who should take on the role.
• Provide clarity and security for your children’s future.

For Muslim parents, this is an invaluable safeguard, ensuring your children’s upbringing remains consistent with your religious and moral principles.

An Islamic will provides the opportunity to tailor your final instructions in a way that reflects your unique needs and circumstances. This includes:

• Funeral wishes: Islamic tradition places significant emphasis on the method of burial. An Islamic will allows you to specify burial arrangements in accordance with your faith, avoiding cremation, which is the default for many UK funerals.
• Bequests to specific individuals: You can allocate specific items of sentimental or monetary value to particular family members or friends. This can help prevent misunderstandings or disagreements after your passing.
• Instructions for executors: An Islamic Will lets you appoint executors who are familiar with Shari’ah principles and can ensure your wishes are respected. Executors play a crucial role in managing the distribution of your estate and fulfilling any outstanding obligations.

Creating an Islamic will goes beyond managing your assets; it ensures that your religious duties are fulfilled. This includes:

• Outstanding debts: Islamic teachings emphasise the repayment of debts as a priority after death. An Islamic Will allows you to list any unpaid debts, including financial obligations like loans or unpaid zakat, ensuring they are settled before distributing your estate.
• Hajj instructions: If you have not been able to perform Hajj during your lifetime, you can request in your Will that it is performed on your behalf after your passing.
• Sadaqah Jaariyah (ongoing charity): You can allocate a portion of your estate to charitable donations that continue to benefit others, such as funding a mosque, supporting an orphanage, or contributing to community projects. These actions allow you to continue earning rewards even after death, in accordance with Islamic beliefs.

Family disagreements over inheritance can cause significant distress, especially during a time of mourning.

By clearly outlining your wishes in an Islamic will, you can:

• Minimise the risk of disputes by specifying exactly who should inherit what.
• Prevent misunderstandings regarding sentimental or valuable items.
• Ensure fairness and clarity by following Shari’ah inheritance rules, leaving no room for ambiguity.

This clarity is especially important in situations involving blended families, where multiple relatives may feel entitled to a share of the estate. An Islamic will ensures that everyone’s roles and entitlements are clearly defined.

The UK’s legal system prioritises testamentary freedom, meaning you can leave your estate to whomever you choose. However, it is essential to consider the potential implications of inheritance tax and other legal obligations.

An Islamic will, carefully prepared with professional advice, can:

• Balance the need to comply with UK tax regulations while adhering to Islamic principles.
• Reduce the tax burden on your estate, ensuring that more of your assets are used in line with your wishes.
• Avoid challenges to the will by demonstrating its validity under both Islamic and UK law.

By addressing these legal and tax considerations, an Islamic will ensures that your estate is managed efficiently and respectfully.

The UK legal system permits testamentary freedom, meaning you can leave your estate to anyone you choose. However, for your will to be legally valid:

• It must comply with the formal requirements of UK law, such as being properly signed and witnessed.
• It should clearly express your wishes to avoid ambiguity or disputes.

An Islamic will, drafted with legal expertise, bridges Shari’ah principles and UK legal standards, ensuring both are respected.

Inheritance tax can significantly impact the value of your estate. Proper planning ensures:

• Tax-efficient structuring of your will while adhering to Islamic obligations.
• Use of available exemptions and reliefs, such as the spousal exemption or charitable donations, to reduce liability.
• Clear documentation of your intentions to avoid delays or challenges during probate.

A professionally drafted Islamic will:

• Reduces the risk of legal disputes from family members or creditors.
• Ensures that your estate is distributed efficiently and without unnecessary delays.