When it comes to estate planning, writing a will is a crucial step to ensure your assets are distributed according to your wishes. However, for Muslims, a standard will may not always align with the principles of Sharia law. This raises an important question: What is the difference between an Islamic will and a standard will?
In this blog, we’ll explore the key differences, why an Islamic will is essential for Muslims, and how you can create one that complies with both Sharia principles and UK law.
What Is a Standard Will?
A standard will is a legal document that outlines how your assets (such as property, money, and possessions) should be distributed after your death. It allows you to:
– Name beneficiaries (who will inherit your assets).
– Appoint executors (who will manage your estate).
– Specify guardians for minor children.
– Allocate gifts or donations to charities.
While a standard will is legally binding in the UK, it does not take into account religious or cultural considerations, such as Islamic inheritance laws.
What Is an Islamic Will?
An Islamic will, also known as a Sharia-compliant will, is a legal document that ensures your estate is distributed according to the principles of Faraid (Islamic inheritance laws). These laws are derived from the Quran and Sunnah and provide clear guidelines on how assets should be divided among family members and beneficiaries.
Key features of an Islamic will include:
1. Fixed Shares: Specific portions of the estate are allocated to certain heirs, such as spouses, children, and parents.
2. Priority to Close Family: Immediate family members are given priority over distant relatives.
3. Charity (Sadaqah): A portion of the estate (up to 1/3) can be allocated to charitable causes, such as Zakat or Sadaqah Jariyah.
4. Compliance with UK Law: While adhering to Sharia principles, an Islamic will must also comply with UK legal requirements to be valid.
Key Differences Between an Islamic Will and a Standard Will
| Aspect | Standard Will | Islamic Will |
| Distribution of Assets | Based on personal wishes or UK intestacy laws. | Based on Faraid (Islamic inheritance laws). |
| Fixed Shares | No fixed shares; beneficiaries can be chosen freely. | Fixed shares for heirs (e.g., spouses, children, parents). |
| Charity | Optional; can allocate gifts to charities. | Encouraged; up to 1/3 of the estate can go to Sadaqah. |
| Compliance | Complies with UK law only. | Complies with both Sharia principles and UK law. |
| Family Rights | May overlook the rights of certain family members. | Ensures the rights of all heirs are protected. |
Why Is an Islamic Will Important for Muslims?
Without an Islamic will, your estate may be distributed according to UK intestacy laws, which could conflict with Sharia principles. This can lead to:
– Family disputes and broken relationships.
– Delays in accessing inheritance.
– Unintended distribution of wealth, contrary to your faith.
An Islamic will ensures:
– Your estate is distributed according to your faith.
– The rights of your heirs are protected.
– You can allocate a portion of your estate to charity (Sadaqah Jariyah).
– Your family’s future is secure.
How We Can Help
We specialise in creating Sharia-compliant wills that align with both Islamic principles and UK legal requirements. Our team of experts will guide you through the process, ensuring your will is clear, legally binding, and tailored to your needs.
Why Choose Us?
– Islamic Expertise: Our solicitors are well-versed in Faraid and UK inheritance laws.
– Holistic Approach: We offer additional services, such as inheritance tax planning and family wealth management.
– Peace of Mind: Secure storage for your will and free updates whenever needed.
Take the First Step Today
Don’t leave your family’s future to chance. Create a Sharia-compliant will today and ensure your legacy is protected according to your faith.
