Ensure Your Legacy is Aligned with Your Faith
Expert guidance on Sharia-Compliant Wills for Muslims in the UK
The Importance of Writing a Will in Islam
“Prescribed for you when death approaches any one of you if he leaves wealth is that he should make a bequest for the parents and near relatives according to what is acceptable – a duty upon the righteous”
Why Write a Sharia-Compliant Will?
Quranic and Prophetic Wealth Guidance
Ensuring Quranic and Prophetic adherence in wealth distribution is a fundamental duty for Muslims. The Quran outlines specific inheritance rules in Surah An-Nisa, ensuring fairness and equity among heirs.
The Prophet Muhammad (PBUH) emphasized the importance of preparing a Will, saying: “It is the duty of a Muslim who has anything to bequeath not to let two nights pass without including it in his Will” (Sahih al-Bukhari).
Compliance with Islamic and English Laws
If you pass away without a Will, your estate will be distributed according to English law under the ‘intestacy’ rules. These rules often conflict with the Islamic laws of inheritance, making it essential for Muslims in the UK to prepare a Will. Without one, your estate will not be distributed according to Shariah principles, potentially leading to the neglect of your religious obligations.
Additionally, Islamic marriages are not legally recognised in the UK, which could jeopardise your spouse’s rights, so need a proper advice. The rights of your children and parents may also be overlooked. By drafting an Islamic Will, you ensure your estate is distributed in line with both Shariah and English law, protecting your family and fulfilling your religious duties.
Protect Your Family From Disputes
Writing an Islamic Will ensures wealth is distributed in accordance with Allah’s commands, fulfils religious obligations, prevents family disputes, and allows up to one-third of the estate to be allocated to charitable causes (sadaqah jariyah).
Allocate upto one-third to beneficiaries
In an Islamic Will (wasiyyah), you can leave up to one-third of your estate to needy relatives, the poor, or orphans, or to a registered charity, which is permissible in Islam. By doing so, you not only support the recipients but also earn spiritual rewards in the afterlife. This can serve as ‘continuing charity’ (Sadaqah Jariyah), ensuring that the benefits of your donation continue even after your death.
If your estate is large and subject to Inheritance Tax (IHT), leaving just 10% of your taxable estate to charity in your Will can reduce your IHT rate to 36%, (from 40%) meaning 76% of the donated amount is effectively funded by HMRC, offering significant tax savings. For example, if your taxable estate is £1 million and you leave 10% (£100k) to a registered UK charity, of the £100k, £76,000 can be funded from the IHT relief, and your estate will only pay £24,000 to the charity.
Appoint executors and guardians
Appointing executors and guardians for minors is a crucial part of writing an Islamic Will. Executors, as mentioned in Surah An-Nisa (verses 6 and 9), are responsible for collecting assets, paying debts, and distributing the estate according to Islamic law. Choosing trustworthy executors ensures your wealth is managed correctly and in line with your faith. If your estate is complex, appointing professional executors knowledgeable in Sharia can provide additional assurance.
Additionally, appointing guardians for minors is vital to ensure they are raised according to Islamic values. Without a Will, the courts may assign guardians, potentially involving Social Services and neglecting your wishes. By naming guardians in your Will, you secure your children’s future, ensuring their upbringing reflects your values and preventing external interference. This step protects your family’s well-being while fulfilling your Islamic obligations.
Include Islamic burial instructions
It is essential to state in your Will that you wish to be buried according to Islamic traditions. While funeral wishes are typically not legally binding, they can carry significant weight in resolving any disputes among family members about how your body should be handled. The funeral wishes section can outline your various preferences.
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