In today’s diverse families, it’s not unusual for a Muslim to have relatives of different faiths — sometimes even in the immediate family. This can create important questions when it comes to inheritance.

 

One of the most common is:

“Can a non-Muslim inherit from a Muslim according to Sharia law?”

 

The Sharia Position

 

According to the majority of Islamic scholars, a Muslim’s estate cannot be inherited by a non-Muslim — and vice versa.

 

This ruling comes from authentic hadith, such as:

 

“A Muslim does not inherit from a disbeliever, and a disbeliever does not inherit from a Muslim.”
(Sahih al-Bukhari & Sahih Muslim)

 

This means that, under faraid (Islamic inheritance rules):

 

• Non-Muslim relatives are not counted among the fixed-share heirs.
• Their portion is instead redistributed to eligible Muslim heirs.

 

The UK Legal Position

 

Under UK civil law, you can leave your estate to anyone you choose — regardless of faith — as long as your will is valid.

 

If you leave your estate to a non-Muslim relative, the courts will enforce it, even if it doesn’t match Sharia rules.

 

What This Means for You

 

If you want to follow Sharia and meet UK legal requirements, you need to:

 

1. Identify your Muslim heirs according to faraid.
2. Allocate fixed shares to them as required.
3. Use the one-third discretionary portion to leave gifts to non-Muslims, charities, or others if you wish.

 

Example

 

Fatima has one Muslim son and one non-Muslim daughter.

 

• Under UK law: She could leave her entire estate to either child, or split it however she wishes.
• Under Sharia: Her daughter cannot inherit a fixed share, but Fatima could gift her something from up to one-third of the estate through the discretionary portion.

 

Why Planning Is Essential

 

If you don’t plan carefully:

 

• Your UK will may be valid, but your estate could be distributed in a way that violates Sharia.
• Family disputes can arise between those wanting to follow civil law and those wanting to follow Islamic law.

 

Final Thoughts

 

The key is balance:

 

• Legally secure your will so it’s enforceable in the UK.
• Religiously align it so it’s valid in the eyes of Allah.

 

With the right drafting, you can honour your faith, your family, and your legal obligations.

 

We specialise in drafting Islamic wills that protect your legacy in both worlds.
Get started today and ensure your wishes are respected — in law and in faith.