Making Shari'ah wills valid

Shari'ah wills are important to Muslims as they ensure that assets are distributed according to Islamic law; however, they are particularly important for Muslims living in non-Muslim countries such as England, as the intestacy rules in England do not match Islamic principles.

Shari'ah wills allow for certain relatives to be given a share determined by Islamic law. If you have a wife or children then they will automatically receive a pre-determined share of your estate - it is not possible to leave more than the pre-determined share to anyone already provided for by Islamic law. Shari'ah wills may make gifts to people not already allotted a share of the wealth, such as a charity, but only up to one-third of the entire estate.

Shari'ah laws relating to inheritance apply only following death, so if a person distributes their wealth before death then they do not necessarily need to do it accordance with the laws that apply to Shari'ah wills.

In order to ensure that your will is properly drawn up in accordance with Islamic laws, you should use a solicitor expert in the preparation of Shari'ah wills. You must ensure that the solicitor you use is also conversant with the laws of the country in which they are practising. In England, for example, if the will is not written in accordance with the Wills Act 1837 then it will be invalid and the estate will be distributed in accordance with the rules of intestacy rather than under Islamic law. This is clearly an unwanted situation, so let Contact Law match you with a solicitor who can help safeguard your wishes.

If you would like to obtain legal advice on Shari'ah wills, 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 at 0808 129 5760 or complete the web-form above.