Islamic Wills
Hadith:
‘It is the duty of a Muslim who has anything to bequest not to let two nights pass without including it in his Will.’
(Sahih al-Bukhari)
A Will is a legal document that allows you to outline exactly how your assets and finances should be distributed after your death. It can also avoid unnecessary family disputes and reduce the amount of inheritance tax your loved ones may have to pay after you pass away.
As a Muslim, you must ensure the proper distribution of your estate upon your death, which should be in line with the Sharia Islamic law on property distribution – a religious law based on the principles of Islam in the Quran. If you live in the UK, it is essential that you make a Will compliant with Sharia law that is also compatible with British inheritance laws.
If you die without making a Will (intestate) your estate will be distributed in accordance to the Intestacy Laws. English Law is completely different from Shariah Law. Under Shariah Law the estate needs to be distributed in specific shares to surviving family members according to the Quran and Sunnah. In additional to this, other religious obligations like funeral and burial rites can be specified in accordance to Shariah Law. A person is entitled to make his own will up to 1/3 of his wealth/assets.
By making an Islamic Will you can request that your religious obligations are fulfilled upon your death for example discharge of charity (Zakat) unpaid during your lifetime. In your Islamic Will you can give money to a charity or Islamic institution and derive posthumous benefit from this when you die. The Will gives the Testator the opportunity to help someone who is not entitled to inherit from them (such as an orphaned grandchild). The Will can be used for the appointment of Guardians for children.
Islamic Inheritance
The Islamic Inheritance Laws or Faraidh originates from three specific ayahs, or verses, in the Quran. Allah Almighty has described most inheritance laws in the Holy Quran in great detail and emphasised compliance with them in various ways. In the Holy Quran, it is stated:
یُوْصِیْكُمُ اللّٰهُ فِیْۤ اَوْلَادِكُمْۗءلِلذَّكَرِ مِثْلُ حَظِّ الْاُنْثَیَیْنِۚءفَاِنْ كُنَّ نِسَآءً فَوْقَ اثْنَتَیْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَۚءوَ اِنْ كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُؕءوَ لِاَبَوَیْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ اِنْ كَانَ لَهٗ وَلَدٌۚءفَاِنْ لَّمْ یَكُنْ لَّهٗ وَلَدٌ وَّ وَرِثَهٗۤ اَبَوٰهُ فَلِاُمِّهِ الثُّلُثُۚء فَاِنْ كَانَ لَهٗۤ اِخْوَةٌ فَلِاُمِّهِ السُّدُسُ مِنْۢ بَعْدِ وَصِیَّةٍ یُّوْصِیْ بِهَاۤ اَوْ دَیْنٍؕء
Allah commands you concerning your children (regarding their share of inheritance); the share of the son is equal to the share of two daughters; then if there are only daughters, even if more than two, for them is two-thirds of the inheritance. And if there is only one daughter, for her is one half. For each of the parents of the deceased is one sixth of the inheritance, if he has children. Then, if the deceased has no children but leaves behind parents, so one third is for the mother (and the remaining is for the father). Then, if he has several brothers and sisters, so one sixth is for the mother after any will he had made and (after) payment of debt (if owed by the deceased).
(Part 4, Surah Al-Nisa, Verse 11)
Allah Almighty has also said:
وَ لَكُمْ نِصْفُ مَا تَرَكَ اَزْوَاجُكُمْ اِنْ لَّمْ یَكُنْ لَّهُنَّ وَلَدٌۚءفَاِنْ كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ مِنْۢ بَعْدِ وَصِیَّةٍ یُّوْصِیْنَ بِهَاۤ اَوْ دَیْنٍؕءوَ لَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ اِنْ لَّمْ یَكُنْ لَّكُمْ وَلَدٌۚءفَاِنْ كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُمْ مِّنْۢ بَعْدِ وَصِیَّةٍ تُوْصُوْنَ بِهَاۤ اَوْ دَیْنٍؕءوَ اِنْ كَانَ رَجُلٌ یُّوْرَثُ كَلٰلَةً اَوِ امْرَاَةٌ وَّ لَهٗۤ اَخٌ اَوْ اُخْتٌ فَلِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُۚءفَاِنْ كَانُوْۤا اَكْثَرَ مِنْ ذٰلِكَ فَهُمْ شُرَكَآءُ فِی الثُّلُثِ مِنْۢ بَعْدِ وَصِیَّةٍ یُّوْصٰى بِهَاۤ اَوْ دَیْنٍۙءغَیْرَ مُضَآرٍّۚءوَصِیَّةً مِّنَ اللّٰهِؕءوَ اللّٰهُ عَلِیْمٌ حَلِیْمٌؕ(۱۲)
And for you is one half from that what your wives leave behind, if they do not have children. Then, if they have children, for you therefore is one fourth of what they leave after payment of any will that (they) had made or (their) debt yet to be paid. And for the women is one fourth of what you leave behind, if you do not have children. Then, if you have children; so one eighth of what you leave behind after any will you had made, or debt yet to be paid. And if the inheritance of such a (deceased) man or woman is in the process of being distributed who did not leave behind a mother, father or children, but has a brother or a sister through a common mother, to each of them is therefore one sixth. Then, if the brothers and sisters are more than one, so they shall all have a share in one third after payment of any will or any outstanding debt, in which the deceased has not caused harm (to the heirs by making an unfair will). This is the decree of Allah, and Allah is All-Knowing, Most Forbearing.
(Part 4, Surah An-Nisa, Ayah 12)
The Islamic laws of inheritance provide for a specific distribution as mentioned in the Quran and Sunnah and codified by scholars. However, unless you make a valid Islamic Will, your estate will not be distributed in accordance with Islamic laws of inheritance.
Some key inheritance rules according to Shariah law can be broken down as follows:
- Husband: Inherits 1/2 if the deceased has no children or 1/4 if the deceased has children.
- Wife: Inherits 1/4 if the deceased has no children or 1/8 if the deceased has children.
- Daughters: Inherit 1/2 if the deceased has only one daughter and no sons, or 2/3 if the deceased has multiple daughters and no sons (shared equally between all daughters).
- Son and daughter: Inherit a shared portion with a 2:1 ratio.
- Father: Inherits 1/6 if the deceased has children.
- Mother: Inherits 1/3 if the deceased has no children or siblings, or 1/6 if the deceased has children or siblings.
For more details or a specific breakdown of how your legacy would be distributed, we recommendyou to speak to us.
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