When discussing Islamic wills and how they interact with UK law, several common questions arise. Muslims in the UK often face unique challenges in balancing their religious obligations with the legal framework of the country. Mariam Khan has been providing Islamic Will services since 2018 with qualifications in Islamic inheritance jurisprudence, alongside a master’s in law. She is a qualified private client solicitor, currently working towards her STEP accreditation.
- Is an Islamic will legally valid in the UK?
Yes, an Islamic will can be legally valid in the UK as long as it meets the requirements of UK law. Under the Wills Act 1837, for a will to be legally binding, it must be:
- In writing
- Signed by the testator (the person making the will) in the presence of two independent witnesses who also sign the will
- Made by someone over the age of 18 and of sound mind
As long as these requirements are met, an Islamic will can be legally enforced. However, any religious instructions, such as funeral arrangements and the distribution of assets, must be clearly stated and comply with UK law where applicable.
- Can an estate be distributed according to Shariah (Islamic inheritance) law in the UK?
Yes, an estate can be distributed according to Shariah law, but it must be done through a will. Intestacy rules in the UK will see the estate distributed accordingly, but these do not follow Islamic principles. Therefore, writing a Shariah-compliant will is crucial to ensure that an estate is distributed in line with Islamic inheritance rules.
Islamic laws of inheritance prescribes fixed shares for specific primary and secondary beneficiary, such as family members, including parents, children, and spouses. By clearly outlining these shares in the will, testators can ensure that their wishes are respected and that the distribution follows Islamic guidelines.
- Can there be any mitigation of inheritance tax (IHT) by following Shariah inheritance rules?
No, following Shariah inheritance rules does not exempt the estate from inheritance tax (IHT). In the UK, inheritance tax is levied at a rate of 40% on estates above the tax-free threshold (currently £325,000 for individuals). However, certain exemptions and reliefs can reduce the IHT burden, such as:
- Gifts to a spouse Transfers between spouses are generally exempt from inheritance tax.
- Charitable donations (Sadaqah): Donations to registered charities are exempt from IHT and can help reduce tax liability.
A Shariah-compliant will can be structured in a way that both adheres to Islamic inheritance rules and takes advantage of UK tax reliefs, but professional advice is essential.
- How can funeral wishes be respected?
Muslim beliefs prohibit the undertaking of autopsies or embalming and require Islamic burials. To ensure funeral wishes are respected, the should be clearly stated in the will. An executor should also be appointed who is aware of the wishes and can advocate on the deceased’s behalf.
It’s important to note in the UK if an autopsy is required by law (such as in cases of suspicious death or under the Coroners and Justice Act 2009), these wishes may be over-ridden. However a will that clearly states the preference to avoid such procedures can still guide the family and legal authorities in making decisions.
- Unperformed religious obligations (Hajj, Zakat) and post-death instructions
It is possible to include settling unperformed religious obligations in the Will, such as:
- Arranging for Hajj Badal (someone performing Hajj on behalf of the deceased if they were unable to fulfil this obligation).
- Ensuring that unpaid Zakat (annual charity) or missed Fasts are compensated from the estate.
It is a good idea to specifically allocate a portion of the estate to cover these obligations, ensuring that religious duties are completed even after death.
- Can a bequest (Wasiyyah) be left to non-heirs under Shariah law?
Yes, a Wasiyyah (bequest) of up to one-third of the estate can be left to individuals who are not among the fixed heirs (such as charities, friends, or distant relatives). However, this one-third portion is the maximum allowed by Islamic law and cannot be used to reduce the shares of the fixed heirs (e.g., parents, children, spouse). The remaining two-thirds of the estate must be distributed according to Shariah inheritance rules.
Conclusion
Navigating the interaction between Islamic inheritance laws and UK legal requirements can be complex, but with careful planning and proper legal advice, it is possible to create a will that honours both. An Islamic will not only ensures that the religious obligations are fulfilled but also protects loved ones from legal complications and disputes. Muslims in the UK should take steps to write their will sooner rather than later to ensure peace of mind for themselves and their families.
