How to Draft an Islamic Will That Is
Valid in England
“Beti ji, writing a will isn’t just paperwork. It’s your last word on earth — and it needs to stand up both in the Queen’s courts and on the Day of Judgement.”
If you’re a Muslim living in England, you have two responsibilities when you write your will:
- Meet UK legal requirements.
- Fulfil your religious obligation under Sharia inheritance rules (Faraid).
Step 1 – Understand the UK Legal Requirements
Under the Wills Act 1837, your will is valid if:- It’s in writing.
- Signed by you (the testator) in the presence of two witnesses.
- Witnesses sign in your presence.
- Be over 18.
- Not be beneficiaries (or married to beneficiaries).
Step 2 – Apply Sharia Inheritance Rules (Faraid)
In Islam:- Fixed shares go to specific heirs: spouse, parents, children, and in some cases siblings.
- Up to one-third can be given to charity, friends, or non-heirs (Wasiyyah).
- The rest must go to eligible heirs in their fixed proportions – no picking favourites, beta ji.
Step 3 – Appoint the Right Executors
- Choose people who understand both UK probate and Islamic inheritance.
- They can be Muslim or non-Muslim – but should be trustworthy and capable. RIAZ – link to the other blog about can non-muslims inherit)
- Ideally, name at least two executors in case one can’t act.
Step 4 – Include a Sharia Compliance Clause
This is a written instruction making your will enforceable in accordance with Sharia.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.” This ensures your executors are bound to follow Islamic rules, not just civil law.Step 5 – Address Non-Muslim Relatives
- Non-Muslims can’t inherit a fixed share under Sharia.
- You can gift to them from your one-third discretionary portion, for example, to support a non-Muslim parent, friend, or in-law.
Step 6 – Avoid Common Mistakes
- Not updating your will after marriage, divorce, or the birth of children.
- Using a standard UK template with no Sharia provisions.
- Having ineligible witnesses under UK law.
Step 7 – Get Professional Help
A DIY will kit may be cheap, but it won’t protect you from mistakes that could invalidate your Islamic compliance. The safest option is to use professionals who know both the UK legal system and Islamic inheritance law.Uncle’s Final Word
Your will is more than a legal form – it’s your last trust (Amanah) to your family and to Allah ﷻ. Done right, it will:- Meet UK legal standards.
- Honour Sharia inheritance rules.
- Prevent disputes and confusion.
