Two Valid Approaches

Both Islamic wills and standard wills are valid legal documents in England and Wales. The key difference lies in how your estate is distributed:

  • Standard will: You have complete freedom to leave your estate to anyone you choose in any proportions
  • Islamic will: You voluntarily follow Islamic inheritance principles (Faraid and Wasiyyah) within English law

Both are equally valid and legally enforceable. The choice depends on your personal circumstances and religious commitment.

Distribution Principles

Standard Will Distribution

  • Complete testamentary freedom
  • You decide who gets what and how much
  • No prescribed shares for anyone
  • You can exclude anyone (though they may challenge)
  • You can leave everything to charity if you wish
  • Equal treatment of sons and daughters is common

Islamic Will Distribution

  • Two-thirds (or more) distributed via Faraid fixed shares
  • Up to one-third available for discretionary Wasiyyah
  • Prescribed shares for spouse, children, parents
  • Sons typically receive twice daughters' shares
  • Faraid heirs cannot be excluded
  • Non-relatives and charities inherit through Wasiyyah only

Executor Considerations

Standard Will Executor

  • Can be any trusted adult
  • No need for religious knowledge
  • Focuses on legal compliance and practical administration
  • Distributes according to your written wishes

Islamic Will Executor (Wasi)

  • Should understand Islamic inheritance principles
  • May need to consult Islamic scholars
  • Must calculate Faraid shares correctly
  • Balances religious obligations with legal requirements
  • Consider appointing someone with Islamic knowledge or willing to seek guidance

Family Situations

When Standard Wills Work Well

  • No strong religious obligation to follow Islamic law
  • Desire to treat children equally regardless of gender
  • Complex family situations (blended families, estranged relatives)
  • Non-Muslim spouse who you want to inherit more
  • Wish to leave significant amounts to charity (more than 1/3)
  • Want complete flexibility in distribution

When Islamic Wills Are Essential

  • Strong commitment to following Islamic principles
  • Traditional Muslim family structure
  • Wish to ensure Faraid heirs receive prescribed shares
  • Want to honor the Sunnah of the Prophet (PBUH)
  • Community and family expect Islamic distribution
  • Desire to balance individual wishes with religious obligations

Legal and Practical Differences

Complexity

  • Standard will: Straightforward – you list beneficiaries and amounts
  • Islamic will: Requires calculation of Faraid shares, which can be complex

Flexibility

  • Standard will: Complete flexibility to change your mind
  • Islamic will: Some constraints due to Faraid obligations, but Wasiyyah provides flexibility

Family Acceptance

  • Standard will: May cause concern in traditional Muslim families
  • Islamic will: Generally accepted and respected in Muslim communities

Challenge Risk

Both types can be challenged under English law by family members who feel inadequately provided for. However:

  • Standard will: More vulnerable to challenges if close family excluded
  • Islamic will: Following recognized religious principles may strengthen your position

Can You Combine Elements?

Some Muslims wonder if they can create a hybrid approach. Here are the options:

Primarily Islamic with Adjustments

Follow Faraid for most of the estate but use Wasiyyah creatively (within the 1/3 limit) to adjust for specific needs.

Islamic Principles with English Law Flexibility

Some scholars permit flexibility where English law differs from Shariah, particularly regarding:

  • Non-Muslim spouses
  • Adopted children
  • Gender equality concerns

However, this is a matter of religious interpretation. Consult an Islamic scholar if considering deviations from traditional Faraid.

Separate Will for Different Assets

While possible in theory, having multiple wills can create confusion and legal complications. It's generally better to have one comprehensive will.

Cost Comparison

Standard Will Costs

  • Online services: £90-150
  • High street solicitor: £150-500
  • Complex situations: £500+

Islamic Will Costs

  • Online services (like WillsConnect): £89-150
  • Specialist Islamic will solicitor: £300-800
  • Complex Faraid situations: £800+

The cost difference isn't significant. What matters is choosing a service that understands your needs – whether Islamic principles or complete flexibility.

Making Your Choice

Consider these questions:

  1. Religious commitment: How important is following Islamic law to you?
  2. Family expectations: What will your family and community expect?
  3. Spouse's faith: Is your spouse Muslim? How does this affect your decision?
  4. Children's needs: Do all children need equal provision, or is the Islamic distribution appropriate?
  5. Assets and complexity: Do you have complicated assets or family situations?
  6. Peace of mind: Which approach gives you more comfort?

There's no wrong choice – both are legal and valid. Choose what aligns with your values, circumstances, and peace of mind.

WillsConnect Supports Both

Whether you choose an Islamic will or standard will, WillsConnect makes the process clear and affordable:

Islamic Wills (£89)

  • Faraid calculation guidance
  • Wasiyyah structuring
  • Islamic executor selection help
  • Expert review by wills specialist
  • Shariah-compliant document

Standard Wills (£89)

  • Complete distribution flexibility
  • Simple executor appointment
  • Guardianship provisions
  • Expert review by wills specialist
  • Legally valid document

Both options include unlimited drafts, secure storage, and the ability to update anytime.

Start your will today – whichever type is right for you.