If you’re a Muslim living in England, writing a will isn’t just about legal formalities — it’s about ensuring your estate is distributed in line with both UK law and Sharia inheritance rules (faraid).

 

The challenge?

A will that is valid under English law might not meet Islamic requirements, and vice versa.

 

Here’s how to make sure your will covers both.

 

Step 1 – Understand the Legal Requirements in England

 

For a will to be valid under the Wills Act 1837, it must:

 

1. Be in writing.

2. Be signed by you (the testator) in the presence of two witnesses.

3. Have those two witnesses sign in your presence.

 

Witnesses must be over 18 and should not be beneficiaries (or married to beneficiaries).

 

Step 2 – Apply Sharia Inheritance Rules (Faraid)

 

Under Sharia:

 

• Fixed shares are given to specific heirs (e.g. spouse, parents, children).
• Up to one-third of your estate can be distributed at your discretion (e.g. to charity, friends, or non-heirs).
• The remainder must go to eligible heirs in their fixed proportions.

 

Step 3 – Appoint the Right Executors

 

• Choose executors who understand both UK probate procedures and Islamic inheritance.
• They can be Muslim or non-Muslim, but should be trustworthy and capable.
• Ideally, appoint at least two executors in case one is unable to act.

 

Step 4 – Include a Sharia Compliance Clause

 

This is a legal statement in your will instructing that your estate should be distributed in accordance with Sharia principles.

Example wording:

 

“I direct my executors to distribute my estate in accordance with the Islamic law of inheritance (faraid) as determined by a recognised scholar or Islamic inheritance calculation.”

 

Step 5 – Address Non-Muslim Relatives

 

If you have non-Muslim family members, they cannot receive a fixed share under Sharia, but you can leave them a gift from the discretionary one-third portion.

 

Step 6 – Avoid Common Mistakes

 

• Not updating your will after marriage, divorce, or children.
• Using a standard UK template without Sharia provisions.
• Failing to get witnesses who are eligible under UK law.

 

Step 7 – Get Professional Help

 

A DIY will kit may tick the legal boxes, but it won’t ensure Sharia compliance. The safest option is to have it drafted by professionals who understand both legal and Islamic requirements.

 

Final Thoughts

 

With the right drafting, you can create a will that:

 

• Meets all UK legal requirements.
• Complies fully with Sharia inheritance rules.
• Avoids disputes and confusion for your family.