Islamic Will UK (2026): Writing a Shariah-Compliant Will in England and Wales

You do not need a 'special' type of will — an Islamic will (sometimes called a 'Shariah will' or 'Wasiyya') is simply a regular will made under the Wills Act 1837 whose distribution terms are structured to comply with Islamic inheritance law (Mirath). The important points are: (1) THE WILL MUST SATISFY WA 1837 S.9: to be legally valid and enforceable in England and Wales, any will — including an Islamic will — must be in writing, signed by the testator in the presence of two witnesses, both of whom also sign in the testator's presence. Witnesses cannot be beneficiaries (WA 1837 s.15). Without this, the will has no legal force regardless of its religious content; (2) WITHOUT A WILL — INTESTACY IS NOT SHARIAH-COMPLIANT: if a Muslim dies without a will in England and Wales, the Administration of Estates Act 1925 intestacy rules apply automatically. The intestacy rules do not reflect Islamic inheritance principles — for example, the surviving spouse takes a large statutory legacy first, male heirs do not necessarily receive double the share of female heirs, and the fixed share hierarchy of Mirath is not followed. For most Muslim families, dying without a will means the estate is distributed in a way that does not reflect their religious obligations; (3) TESTAMENTARY FREEDOM IN ENGLAND AND WALES: English law gives full testamentary freedom — you can leave your estate to whoever you choose in whatever shares you choose. Islamic inheritance rules are not automatically applied by English courts. The only way to ensure Shariah compliance is to specify the distribution in the will; (4) THE ROLE OF AN ISLAMIC WILL: an Islamic will encodes the Mirath rules in the will document so that the testator's estate is distributed in accordance with Islamic law through the English legal system. It also typically includes the Wasiyya bequest (up to one-third of the estate to non-heirs or for charitable purposes) and may contain specific Islamic declarations and instructions (funeral wishes; Zakat; debts to be settled).

Mirath is the Islamic law of inheritance derived from the Quran (Surah An-Nisa 4:11-12, 4:176) and the Hadith. Key principles: (1) FIXED SHARES (FARIDHA): certain heirs have fixed, pre-determined shares of the estate. These are: (a) Spouse: a widow receives 1/8 of the estate if there are children; 1/4 if no children. A widower receives 1/4 if there are children; 1/2 if no children; (b) Daughters: 1/2 if she is the only child; 2/3 between two or more daughters (if no son); if there is a son, a daughter receives half the son's share; (c) Sons: residuary heirs — they take the remainder after fixed shares; (d) Mother: 1/6 if there are children; 1/3 of residue if no children; (e) Father: 1/6 if there are children; takes the entire residue if no children and no siblings; (f) Siblings, grandparents, and more distant relatives have more complex rules; (2) MALE-TO-FEMALE RATIO: as a general principle, male heirs of the same degree inherit twice the share of female heirs of the same degree (e.g. a son inherits twice a daughter's share). This reflects the Islamic principle that men have greater financial obligations (Nafaqah — duty to provide for family); (3) NON-MUSLIM HEIRS: under classical Islamic law (and followed in most scholarly interpretations), a Muslim does not inherit from a non-Muslim and a non-Muslim does not inherit from a Muslim. If a Muslim testator has family members of other faiths who they wish to benefit, this must be done through the Wasiyya bequest (see below) rather than the main Mirath distribution; (4) WASIYYA (BEQUEST): Islamic law allows the testator to make bequests of up to one-third of the estate to non-heirs (people who do not inherit under Mirath) or for charitable purposes. Classic uses: a specific bequest to a non-Muslim spouse; a bequest to grandchildren whose parent has predeceased; a bequest to a charity (Sadaqa Jariyah); the Wasiyya cannot exceed one-third of the estate (calculated after debts and funeral expenses); it cannot be used to benefit existing Mirath heirs (to avoid circumventing the fixed shares); (5) DEBTS FIRST: Islamic law requires all debts and funeral expenses to be settled from the estate before any distribution. This aligns with English probate law (debts discharged before distribution); (6) ZAKAT AND UNPAID RELIGIOUS OBLIGATIONS: the will should address any unpaid Zakat (charitable tithe) and any outstanding Kaffarah (expiation obligations) to be discharged from the estate before distribution.

To create a will that is both legally effective under English law and compliant with Islamic inheritance principles: (1) LEGAL VALIDITY FIRST — WA 1837 S.9: the will must be written, signed by the testator in front of two independent witnesses, both of whom sign in the testator's presence. Witnesses must be adults with mental capacity. A witness who is also a beneficiary loses their gift under s.15 WA 1837 (the gift fails, not the will); (2) OPENING DECLARATION: many Islamic wills begin with an Islamic declaration of faith (Shahada), affirm that the testator is a Muslim, and request Islamic funeral rites. This is not legally required but expresses the testator's wishes and provides context for the executor; (3) DEBTS AND FUNERAL EXPENSES: direct the executor to pay all debts (including unpaid Zakat if applicable) and arrange for Islamic funeral rites (ritual washing — Ghusl; shrouding — Kafan; funeral prayer — Salah al-Janaza; burial — without cremation if possible); (4) WASIYYA BEQUEST — UP TO ONE-THIRD: if you wish to make any bequests outside the Mirath fixed shares (e.g. to a non-Muslim family member; to Islamic charities; to a close friend), include these bequests and confirm they do not exceed one-third of the estate after debts and expenses; (5) MIRATH DISTRIBUTION — THE MAIN ESTATE: direct the residue (after Wasiyya bequests) to be distributed according to Islamic inheritance rules, specifying the shares for each category of heir. This can be expressed: 'I direct that the remainder of my estate be distributed in accordance with Islamic Shariah law of inheritance (Mirath) as follows: [specify shares]' — but it is better practice to specify the actual shares in the will rather than relying on a generic Shariah reference, which could lead to disputes about which school of Islamic jurisprudence applies (Hanafi, Shafi'i, Maliki, Hanbali, or Jafari); (6) EXECUTOR: appoint a trusted executor (Wasi) who understands Islamic inheritance principles and is willing and able to carry out the instructions. A Muslim family member or a solicitor experienced in Islamic estate matters is ideal; (7) GUARDIAN: if there are minor children, appoint a guardian of the same faith if possible. This is a statement of wishes — English courts have the final say on guardianship under the CA 1989 but will take the appointment into account.

This is one of the most practically important questions for Muslim families in the UK, where interfaith marriages are common and the extended family often includes non-Muslims: (1) CLASSICAL SHARIAH POSITION: under classical Islamic jurisprudence (and the majority scholarly position), a non-Muslim spouse does not inherit under Mirath. The traditional bar on inheritance between Muslims and non-Muslims means a non-Muslim widow or widower would receive nothing under a strictly Mirath-compliant distribution; (2) THE WASIYYA SOLUTION: the testator can include a bequest (Wasiyya) to the non-Muslim spouse of up to one-third of the estate. This is the most commonly used approach in UK Islamic wills — the spouse receives up to one-third as a bequest, with the Mirath heirs sharing the remaining two-thirds (or more) in their fixed proportions; (3) ENGLISH LAW OVERRIDES — INHERITANCE ACT 1975: a surviving spouse (of any faith) has the right to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 within six months of probate if they have not been 'reasonably financially provided for'. Courts apply generous financial provision standards for surviving spouses (the 'surviving spouse standard' — the provision a spouse might reasonably expect on divorce under MCA 1973 s.25). This means a will that entirely excludes a surviving spouse (regardless of Shariah compliance) is vulnerable to a successful Inheritance Act claim; (4) PRACTICAL APPROACHES: many Muslim families in the UK choose to: (a) Include a Wasiyya bequest of the maximum one-third to the non-Muslim spouse; (b) Make lifetime provision for the non-Muslim spouse through joint property (survivorship), life insurance in trust, or pension nominations (which pass outside the will entirely); (c) Where the non-Muslim spouse is financially independent and both parties agree, leave the estate fully compliant with Mirath; (5) ADVICE: the interaction of Shariah inheritance principles and English law is complex. Seek advice from a solicitor with expertise in Islamic estate planning — ideally one who is familiar with both the applicable school of jurisprudence and the English legal framework.

Both options are used — but the right choice depends on the complexity of the estate and family situation: (1) SIMPLE ESTATES — DIY KIT WITH CAREFUL PLANNING: a simple Islamic will (straightforward family; all Muslim heirs; no non-Muslim spouse; estate below IHT thresholds; clear Mirath distribution) can be made using a DIY will kit provided the testator takes care to specify the correct Islamic inheritance shares. The WillSafe UK kit (£35) provides the legally valid framework under WA 1837 — the testator inserts the distribution according to Mirath rules. Common errors in DIY Islamic wills: (a) Witnesses are family members who are also beneficiaries (their gifts fail under s.15); (b) The Wasiyya bequest exceeds one-third; (c) The will conflicts with jointly owned property survivorship (which passes outside the will); (d) The will is not updated to reflect changes in family — births, deaths, marriage; (2) COMPLEX SITUATIONS — SPECIALIST SOLICITOR RECOMMENDED: specialist advice is advisable where: (a) There is a non-Muslim spouse or significant non-Muslim family members; (b) The estate is large enough to have IHT implications; (c) There are business assets, pension funds, or foreign property; (d) There are step-children or children from multiple relationships; (e) There is a risk of an Inheritance Act 1975 claim; (f) The correct calculation of Mirath shares is unclear due to a complex family tree; (3) ISLAMIC WILL SERVICES: several UK organisations and law firms specialise in Islamic wills, including the Muslim Council of Britain's guidance and specialist Islamic will services. These ensure the will is both WA 1837 compliant and correctly reflects Mirath rules; (4) WHAT TO CHECK IN ANY ISLAMIC WILL: (a) Does it comply with WA 1837 s.9 (signed + two witnesses)? (b) Are the Mirath shares correctly calculated and specified? (c) Is the Wasiyya bequest within one-third? (d) Is provision made for the surviving spouse (whether Muslim or non-Muslim) in a way that minimises the risk of an Inheritance Act 1975 claim? (e) Is the executor willing and able to administer an Islamic estate?