Understanding Islamic Wills in England and Wales

An Islamic will is a legal document that allows Muslims living in England and Wales to distribute their estate in accordance with Islamic inheritance principles while meeting the legal requirements of English law.

Under Islamic law (Shariah), inheritance distribution follows specific rules called Faraid. However, English law gives you complete freedom to distribute your estate as you choose. An Islamic will bridges these two systems, allowing you to honour your faith while ensuring your wishes are legally enforceable.

This guide explains everything you need to know about creating an Islamic will, including the key concepts, how they work within English law, and the practical steps involved.

What is Faraid?

Faraid (plural of Fardh) refers to the fixed shares of inheritance that certain relatives are entitled to receive under Islamic law. These shares are prescribed in the Quran and Hadith.

The primary heirs who receive fixed shares include:

  • Spouses: A husband typically receives 1/4 or 1/2 of the estate (depending on whether there are children). A wife receives 1/8 or 1/4.
  • Parents: Both mother and father have fixed entitlements.
  • Children: Sons and daughters inherit, with sons typically receiving twice the share of daughters.
  • Siblings: May inherit if there are no closer relatives.

These proportions are calculated mathematically and ensure that wealth is distributed fairly among family members according to Islamic principles.

What is Wasiyyah?

Wasiyyah refers to the optional bequest – the portion of your estate (up to one-third) that you can distribute freely according to your wishes. This is separate from the Faraid shares.

The one-third rule means:

  • Up to 1/3 of your estate can be left to anyone, including non-relatives, charities, or causes you care about.
  • The remaining 2/3 (or more) should be distributed according to Faraid principles.
  • You cannot use your Wasiyyah to give additional shares to Faraid heirs without consent from other heirs.

Common uses of Wasiyyah include charitable donations, gifts to friends, or supporting causes that matter to you.

Islamic Wills and English Law

England and Wales law allows complete testamentary freedom – you can leave your estate to anyone you choose. However, this can create confusion for Muslims who wish to follow Islamic principles.

Key points about Islamic wills in English law:

  • Not automatic: Islamic inheritance rules do not automatically apply in England and Wales. You must create a will that specifies your Islamic wishes.
  • Legally binding: An Islamic will is a valid legal document under English law, provided it meets the formal requirements (written, signed, witnessed).
  • Family provision claims: English law allows certain family members to challenge a will if they were not adequately provided for, regardless of Islamic principles.
  • No forced heirship: Unlike some Muslim-majority countries, English law does not enforce Islamic inheritance rules automatically.

This is why having a properly drafted Islamic will is essential for Muslims in England and Wales.

Who Should be Your Executor (Wasi)?

In Islamic wills, the executor is called a Wasi. This is the person who will carry out your wishes after you pass away.

Choosing the right Wasi is crucial because they will:

  • Handle your funeral arrangements
  • Gather and value your assets
  • Pay any debts and taxes
  • Distribute your estate according to Islamic principles
  • Ensure Faraid calculations are done correctly

Consider choosing someone who:

  • Understands Islamic inheritance principles or is willing to seek expert guidance
  • Is trustworthy and organized
  • Is willing to take on the responsibility
  • Ideally lives in the UK
  • Is financially responsible

You can appoint more than one Wasi to share the responsibility. Many Muslims choose a family member and either an Islamic scholar or a professional executor to ensure both Islamic and legal compliance.

Appointing Guardians for Children

If you have children under 18, your will should name guardians who will care for them if both parents pass away.

In Islamic tradition, guardianship considerations include:

  • Upbringing in faith: Choose guardians who will raise your children as Muslims and teach them Islamic values.
  • Family first: Many Muslims prefer to appoint family members who understand the family's cultural and religious background.
  • Practical considerations: Ensure guardians have the capacity, willingness, and stability to care for your children.

You can appoint different guardians for different purposes:

  • Personal guardians: For day-to-day care and upbringing
  • Financial guardians: To manage inherited money until children reach adulthood

These can be the same people or different individuals depending on what's best for your children.

Common Questions About Islamic Wills

Do I need separate calculations for Faraid?

If you're using a specialist Islamic will service like WillsConnect, the system can help calculate Faraid shares. Otherwise, you should consult an Islamic scholar or inheritance specialist to ensure accurate calculations.

Can I completely exclude someone?

Islamic law generally does not permit excluding Faraid heirs. However, English law allows it. Most Muslims choose to follow Islamic principles in their will distribution.

What happens to debts?

Under both Islamic and English law, debts must be paid before any inheritance is distributed. This includes funeral expenses, outstanding loans, and taxes.

Can I leave something to charity?

Yes, you can use your Wasiyyah (the discretionary one-third) to leave donations to Islamic charities or causes. This is considered a virtuous act (Sadaqah Jariyah).

What if I own property abroad?

Property in other countries may be subject to those countries' inheritance laws. You may need a separate will for foreign assets.

Creating Your Islamic Will

To create a valid Islamic will in England and Wales:

  1. List your assets: Include property, savings, investments, and personal items.
  2. List your liabilities: Any debts, mortgages, or outstanding obligations.
  3. Decide on Wasiyyah: Determine how you want to use up to one-third for optional bequests.
  4. Calculate Faraid shares: Work out the Islamic shares for the remaining two-thirds (or seek professional help).
  5. Choose your Wasi: Appoint trusted executors who understand your wishes.
  6. Appoint guardians: If you have minor children.
  7. Write it down: Your will must be in writing.
  8. Sign and witness: You must sign in front of two independent witnesses who also sign.
  9. Store safely: Keep the original in a secure place and tell your Wasi where it is.

Why Choose WillsConnect for Your Islamic Will?

WillsConnect makes creating an Islamic will straightforward and affordable:

  • Shariah-compliant guidance: Our system is designed with Islamic principles at its core.
  • Expert review: Every will is reviewed by a wills expert before you download it.
  • Clear pricing: £89 per will, only pay when you're ready to finalize.
  • Easy-to-follow process: Simple questions guide you through each step.
  • Faraid calculator: Built-in tools to help calculate Islamic shares correctly.
  • Secure and private: Your information is encrypted and protected.
  • Update anytime: Life changes – update your will as needed.

Start your Islamic will today and gain peace of mind knowing your family will be provided for according to both your faith and the law.