Thu, 23 Mar 2023

Sharia-Compliant Islamic Wills

PRwire360
09 Feb 2023, 02:47 GMT+10

What exactly is Sharia?
Sharia refers to the legal concepts applicable to the Muslim religion. It is based on the Holy Quran, the Sunnah, Hadith, and Islamic scholars' judgments.

What is a Will consistent with Sharia?
A Will is a legally enforceable document that specifies the recipients of a deceased person's assets. A Sharia-compliant Will is one that contains bequests that adhere to the rules of Islamic succession law. In accordance with Sharia law, every Muslim must create a Would outlining who will inherit his or her property upon death. Even though all Muslims share the Sharia, Sunnis, and Shias may adhere to significantly different inheritance norms. If a person does not leave a will, their possessions must be distributed to their family according to intestacy procedures, which do not adhere to Sharia values.

How is a Sharia-compliant Will drafted?
To form a legally valid Islamic Will in the United Kingdom, you must:

  • Be at least 18 years old.
  • Possess the mental ability to create a Will
  • Have a Will in writing (spoken declarations are not legally binding)
  • Declare that you are the Will's author
  • Declare this to be your last will and testament (meaning that any other Wills that cover the same assets are now invalid)
  • Sign the Will before two witnesses, neither of whom may be your spouse or a beneficiary named in the Will.


For Sharia-compliant, you must comply with the following additional requirements:

  • The wasi (executor) must be a Muslim.
  • Only at death can the exact division of an estate be decided.
  • Any assets you leave behind must be precise, such as a particular automobile, jewelry, or money bequeathed to a charity.
  • At least two-thirds of your estate must be left to surviving relatives.
  • One-third may be left to someone who does not have a fixed portion, such as a charity.


Why select us?
Our Tax, Trusts, and Estates team has significant expertise in advising clients on succession planning, including drafting Wills that adhere to religious and cultural norms. Our team is well-versed in Sharia law and Islamic practice and can provide guidance. We give individualized guidance to ensure that your Will is drafted in accordance with your religious beliefs. Additionally, we can provide Sharia-compliant tax and asset protection guidance. If you are a business owner or entrepreneur, we can assist you in creating a Sharia-compliant Will that guarantees your organization has a succession plan. We can also assist with estate tax planning. Our team is always willing to answer your questions, and we always provide straightforward guidance.

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