Understanding Shari'ah inheritance law

Under Shariah law, when someone dies there are a number of legal aspects to who inherits any property or possessions from the deceased person’s estate. Before any inheritance can be considered, there are four steps that need to be performed:

The funeral expenses of the deceased person must be paid
Any debts that the deceased person has must be paid
Any will that exists must then be executed
The remainder of the estate must then be distributed

The final step is where Shariah inheritance law comes into play. Under Shariah inheritance law, only one-third of the deceased person’s estate can be distributed based on the wishes specified in any will they may have made. The remaining two-thirds are then usually given to the closest male relative. If you are making a will, it is therefore important that you ensure that the one-third of your estate that you have control over under Shariah inheritance law goes to the person you want it to.

As Shariah inheritance can become highly complex depending on the number and sex of any children and relatives that the deceased person has, it is always advisable to obtain the help and advice of a solicitor that has experience of Shariah inheritance law. This will ensure that Shariah inheritance law is followed and that everyone who is entitled to an inheritance receives their share.

If you would like to obtain legal advice about Shariah inheritance law, Contact Law can put you in touch with a local specialist Shariah law solicitor free of charge. So, if you have any questions or would like our help in finding local Shariah law solicitors please call us on 0808 129 5760 or complete the web-form above.