Shariah Law, estate planning and wills: A simple guide to Islamic estate planning in the UK

For many Muslims in the UK, making a will is about more than distributing assets – it is about ensuring that their estate is dealt with in accordance with Shariah (Islamic) principles as well as English law.

This article explains how Shariah Law approaches inheritance and why it is important to obtain professional legal advice to ensure your will is both legally valid in England and Wales and Shariah-compliant.

What Is Shariah Law in the context of inheritance?

‘Shariah’ means ‘law’. It derives from the Quran, the Hadith and the Sunnah (the teaching and sayings from Prophet Muhammed peace be upon him). Succession and estate planning has its own chapter in the Quran.

Under Shariah:

• Inheritance shares are fixed and prescribed
• Certain relatives are entitled to specific proportions of the estate
• The system aims to be fair, balanced and transparent
• Making a will is considered a religious duty for Muslims

Unlike English law, which allows almost complete freedom over who inherits, Shariah law places clear limits on how an estate can be distributed.  Note that different branches of Islam may have slightly different rules.

Key principles of a Shariah-compliant will

A Shariah-compliant will usually follows these core rules:

1 – Fixed inheritance shares

Specific family members are entitled to set shares, including:

• Spouse
• Children
• Parents.

For example:

• Sons generally receive twice the share of daughters
• A surviving spouse is entitled to a defined percentage
• Parents may also inherit, depending on circumstances.

These shares are not discretionary and must be followed after death.

2 – The one-third rule

A person may freely distribute up to one-third of their estate by will (for example, to charity or non-heirs).

The remaining two-thirds must be distributed according to Shariah inheritance rules.

3 – Other rules and requirements

Under Shariah law:

• The executor (or Wasi) must be a Muslim
• Appointment may be rejected by executors whilst the testator is alive, provided that the testator is informed
• Adopted children do not automatically inherit (although they can be provided for within the one-third allowance)
• The testator must bequeath to his elder son certain heirlooms such as his ‘personal Quran’, his ring and specific articles of clothing or furniture
• It is forbidden for a person to direct that any part of their body should be used for medical or scientific research or that their body is cremated. However, under certain circumstances a person may direct that their body or any part of their body should be used for a transplant or for therapeutic purposes
• A Will excluding any heir or any class of heirs from inheritance under Shariah is not valid unless the person who is excluded has consented to his exclusion.

4 – Debts and funeral expenses first

Before inheritance is distributed:

1. Funeral expenses are paid
2. Outstanding debts are settled
3. Any Islamic obligations (such as unpaid Zakat – a compulsory form of charity giving requiring eligible Muslims to donate a fixed percentage of their wealth to those in need) are addressed.

Only then is the remaining estate divided.

Is a Shariah-Compliant will legal in the UK?

Yes. English law allows individuals to distribute their estate according to religious principles, provided the will is validly executed under the Wills Act 1837.

A Shariah-compliant will is simply a UK will that includes instructions to apply Shariah principles when distributing the estate.

Why professional legal advice matters

Shariah inheritance rules are precise, but family situations are often complex. DIY or template wills can easily lead to:

• Incorrect distributions
• Family disputes
• Legal challenges
• Unintended breaches of Islamic principles.

A solicitor with experience in Islamic estate planning can work alongside scholars where necessary and ensure the will is clear, enforceable, and compliant with faith.

With the right legal advice, it is entirely possible to create a will that satisfies both Shariah principles and English legal requirements. For further information or tailored advice, please contact our team who will be happy to assist.