Creating an Islamic will

An Islamic will is known as wasiyya, and comes into operation after the death of the testator. An Islamic will differs from a will made under English law as a person must act justly when making gifts under Islamic law. An Islamic will itself does not require specific wording and can be oral as long as the intention of the person making the will is made clear. It is worth noting that if an Islamic will does not comply with the requirements of the Will Act 1837, then it will not be valid under English law and property will instead pass under the rules of intestacy.

Every adult Muslim with the ability to reason has legal capacity to make a will under Shari’ah law; an adult being a person who has reached puberty or is over the age of fifteen. This is not the case under English law however; The Wills Act 1837 requires that the testator is at least eighteen years old. This means that if a person makes a will under the age of eighteen it will not be valid and property will pass under the usual rules if a child dies.

Some parts of Islamic law and English law are the same. For example, the testator must have the ability to dispose of what is mentioned in the will and must be sane. In addition, a testator has the ability to revoke a will either actually or by subsequent will. It is worth speaking to a knowledgeable solicitor, however, to ensure your will is legitimate.

If you would like to obtain legal advice on creating an Islamic will or any related issue, Contact Law can put you in touch with a local specialist Islamic law solicitor free of charge. So, if you have any questions or would like our help in finding Islamic law solicitors please call us on 0800 1777 162 or complete the web-form above.