Ramadan can be a special time for Muslims to reflect on their affairs.

When it comes to Wills, a Sharia-Compliant Islamic Will is appropriate for Muslims who wish to leave their estate in accordance with the Quran (and the Hadith, the Sunnah and the rulings of Islamic scholars).

The Hadith reports that “it is not permissible for any Muslim who has something to will to stay for two nights without having his last Will and Testament written and kept ready with him.”

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What is a Sharia-Compliant Islamic Will? 

The Sharia-Compliant Islamic Will covers the same important aspects a secular Will covers, such as the appointment of executors, guardians and gifts to charity.

However, the Sharia-Compliant Will ensures that your estate is distributed in accordance with the Islamic succession laws.

For your Will to be Sharia-Compliant:

  • Your executor must be a Muslim.
  • A minimum of 2/3 of your estate must be left to living family members in accordance with Islamic succession laws; the exact distribution cannot be determined in advance as it will depend on which family members have survived you at the date of your death.  
  • One-third can be left to anyone who is not entitled to a fixed share, such as a charity, friend or more distant relative.

You can specify that your burial should be in accordance with Islam and include a declaration of your faith that can state your beliefs.

If you do not make a Will, then the intestacy rules will apply to your estate. This means that your estate will not pass to those entitled under Sharia Law and will not be in accordance with your wishes.

By making a Sharia-Compliant Islamic Will, Muslims can have peace of mind that their estate is being distributed in accordance with their beliefs.

It also allows you to leave gifts to charity and payments for compensation for missed acts of worship and any unpaid Zakat (compulsory charity).

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How can you ensure the Sharia-Compliant Islamic Will is valid in England and Wales?

Under English law, you have the freedom to leave your estate to whomever you wish.

Therefore, you can make a Sharia-Complaint Islamic Will if it meets the rules in England and Wales to make it a valid and legally binding Will.

These rules are:

  • The Will must be made in writing by the person making the Will (or someone at their direction);
  • The signature is made or acknowledged by the person making the Will in the presence of 2 or more witnesses present at the same time; and
  • Each witness either attests and signs the Will or acknowledges his signature in the presence of the person making the Will.
  • The person making the Will must be at least 18 years old and have the mental capacity to make a Will.

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Contact Our Wills, Trusts, and Probate Team

If you are interested in making a Sharia-Compliant Islamic Will, our team can help you.

At Myerson, we have a specialist Wills, Trusts and Probate Team who can advise and assist you.

Please get in touch with us on:

0161 941 4000