A Sharia-compliant Islamic Will (Wasiyyah) can be suitable for Muslims who’d like their assets to pass in accordance with the principles of Sharia law. Our solicitors are experts in Sharia law compliance and can help you provide for your family in a way that follows your faith.
English and Welsh law allows you to leave your estate to whoever you wish, without any obligations to leave it to particular individuals or family members. This gives you the freedom to make a Will that is valid under English law but also follows Sharia.
Our Islamic Will solicitors can help you with drafting a Sharia-compliant Will.
Call our friendly team on 0207 421 3974 or contact us online and we’ll call you back for a consultation.
What is Sharia?
Sharia is the term for the principles of the law that apply under the Muslim religion. It is based on the Holy Quran, the Sunnah and Hadith, and the rulings of Islamic scholars.
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What is a Sharia-compliant Will?
A Will is a legally binding document that specifies who should receive a deceased person’s assets when they die. A Sharia-compliant Will is a Will that contains bequests that are in line with the principles of the Islamic law of succession. Every Muslim must make a Will which arranges who will receive their property when they die, in accordance with the laws of Sharia. Although Sharia is common to all Muslims, the principles relating to issues of inheritance may vary substantially between Sunnis and Shias.
If a person does not make a will, their assets must pass to their family in accordance with intestacy rules, which do not follow the principles of Sharia.
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How do you make a Sharia-compliant Will?
In order to create an Islamic Will which will be legally binding in the UK, you must:
- Be 18 years old or over
- Have the mental capacity to make a Will
- Have a written Will (spoken declarations are not legally-binding)
- Declare that you wrote the Will
- Legally declare that this is your last Will (meaning that any other Wills that cover the same assets are now invalid)
- Sign the Will in the presence of two witnesses, neither of whom can be your spouse or a beneficiary of the Will.
There are a number of additional requirements that must be included in your UK will for it to be Sharia-compliant, including:
- The executor (or wasi) must be a Muslim
- The exact distribution of an estate can only be determined upon your death
- Any assets you leave must be specific such as a certain car, piece of jewellery or an amount of cash left to a charity
- At least two-thirds of your estate must be distributed among living family members
- One-third can be left to anyone who’s not entitled to a fixed share, such as a charity.
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Why choose us?
Our Tax, Trusts and Estates team has extensive experience advising on succession planning, including drafting Wills to meet religious and cultural requirements. We can advise you if you’re based in the UK or internationally and our team are very familiar with Sharia law and Islamic practice.
Some of our solicitors speak multiple languages, including Arabic, but we can also get a professional translator if you need one.
We provide advice that’s tailored to your individual circumstances to make sure your Will is prepared in compliance with your faith. We can also give you tax and asset protection advice that’s in line with Sharia law. We also have a team of Islamic family law solicitors to help with any family matters.
If you’re a business owner or entrepreneur, we can help you create a Will that is Sharia compliant and ensures you have a succession plan in place for the business. We can also advise you on inheritance tax planning.
Our team often receives five star reviews from our clients on Trustpilot. We’re also recognised in the leading UK legal guides, including the Legal 500 and Chambers & Partners.
We always give clear advice in plain English, free from jargon, and our team is always happy to discuss your queries with you.
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Meet the team
Kat Wainman
Kat is a Senior Associate with more than 15 years’ experience advising clients on Wills, tax, and succession planning.
Kat specialises on matters involving cross border elements, such as non-domiciled beneficiaries or spouses, and foreign assets.
She can also help with assets held in long term complex structures, including companies and trusts. She advises on analysing those structures and documents, restructuring and succession planning, all while maintaining tax efficiency and protecting those assets for the long term.
Read more about Kat
Yousafa Hazara
Yousafa is an associate solicitor with extensive experience advising on succession planning, including drafting tailored Wills for high-net-worth individuals and advising on other tax-related matters.
She regularly works with international families and clients of Islamic faith to help plan around the complexities and potential issues that can arise in multi-national estates. She also advises on residence and domicile issues including the statutory residence test and the taxation of UK residential and non-residential property owned by offshore structures.
Read more about Yousafa
To talk to an expert about preparing a Sharia compliant Will, call us on 0207 421 3974 or contact us online.
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