Can I exclude someone from my Islamic will?
Under Islamic law, you generally cannot exclude fixed share heirs (Faraid heirs) - they have a prescribed right to inherit.
However, English law gives you complete freedom to distribute your estate as you choose. So legally you can exclude anyone, but this would go against Islamic principles if they're entitled to fixed shares.
Islamic perspective:
- Fixed share heirs (spouse, children, parents) should receive their prescribed portions
- You shouldn't use your optional one-third bequest to exclude or disadvantage fixed heirs
- The Prophet (peace be upon him) emphasized the importance of maintaining these shares
Special circumstances:
Some Islamic scholars recognize that unusual situations may arise. If you feel you have a legitimate reason to deviate from standard distribution (for example, an estranged child who has never maintained family ties), you should:
- Consult an Islamic scholar for guidance
- Document your reasoning
- Consider family circumstances carefully
Remember that in England and Wales, excluded family members can challenge your will under the Inheritance Act 1975 if they can show they were financially dependent on you or not reasonably provided for.