How to fulfil your spiritual obligations as a Muslim when making your Will
Islamic Law of Succession
In the Qur’an, it is written in Surah An Nisaa, that Allah has determined the exact proportions that family members should inherit, as follows: -
Verse 11 regarding Children's Inheritance:
- To the male, a portion equal to that of two females.
- If only daughters, two or more, their share is two-thirds of the inheritance.
- If only one, her share is a half.
- For parents, a sixth share of the inheritance to each, if the deceased left children;
- If no children, and the parents are the only heirs, the mother has a third;
- If the deceased left brothers or sisters the mother has a sixth.
- The distribution in all cases is after the payment of legacies and debts.
- In what your wife leaves, your share is a half, if she leaves no children;
- But if she leaves a child or children, your share is a quarter; after payment of legacies and debts.
- In what you leave, her share is a quarter, if you leave no children;
- But if you leave a child or children, she receives one eighth; after payment of legacies and debts.
- If the man or woman whose inheritance is in question has left neither parents nor children, but has left a brother or a sister, each of two gets one sixth.
- But if more than two, they share in one third; after payment of legacies and debts;
What you can achieve with a Sharia Will
Ensure the wisdom of Allah is obeyed.
If you die without a Will, the law of England and Wales sets out strict rules as to how your estate is divided. Those rules are secular in nature, and are very different to the wisdom of Allah as expressed in the Surah an Nisaa. However, you can solve this problem by making a Sharia Will specifying that your estate is divided according to the Surah An Nisaa.
Ensure your spouse is provided for.
If you married by way of the Nikah, and did not follow this with a civil ceremony, sadly your marriage is not fully recognised in the secular law of England and Wales, which means that your spouse would not automatically receive their share of your estate if you died without a will. By making a Sharia Will, you can ensure that your spouse receives their Haqq as stipulated by Allah. By leaving an Expression of Wishes with your Sharia Will, you can also ask your other relatives to postpone or give up their shares in your estate in the interests of your spouse’s welfare.
Enable charitable giving in your will.
You can fulfil your religious obligation of Zakat in your Will by leaving legacies to charity.
Ensure that your body is cared for in accordance with Islam.
In your Will, you can specify that your body is not embalmed, that no post mortem is carried out unless required by law, that your body is released for funeral without delay and that your funeral takes place strictly according to Islam, with any non-Islamic service or observance absolutely forbidden.
Choose who is responsible for your estate after your death.
In your Will, you must nominate executors to carry out your wishes after your death. This is your opportunity to choose trustworthy and capable friends, family members or professionals, whom you can rely on to make sure that your wishes are respected.
Safeguard your business.
If you have a business, you have many responsibilities, not only to your family, but also to your colleagues, your staff, your suppliers and your customers. All could be badly affected by your sudden death. To protect your business and those who depend upon it, you can include Business Executors in your Will. Business Executors are the people you can rely upon to keep your business running properly in the event of your death, thereby ensuring that everyone who depends on your business is safeguarded.
For more advice about making your Will in accordance with Islamic traditions, call us on 0151 601 5399 or complete the contact form below.
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"We decided to seek advice about estate planning because we wanted to understand how to efficiently protect our assets and pass them safely to our children and grandchildren. We also wanted to put as much help in place for our family as possible, so as to make things as easy as possible for them when the time comes. We liked Gina’s patient and diligent manner in answering our questions and guiding us to the right solutions. Gina explained everything to us with great clarity, making concepts we were unfamiliar with accessible and clear. We particularly liked the fact that Gina came to see us in our own home without our having to make a special request; this is just the way she works. It was so much easier for us to relax and talk freely in the comfort and privacy of our home. Having put the right estate plan in place we feel that we have ticked a big box. This was something we knew we had to get round to. Now it is done and sorted and we don't have to worry about it anymore. We have also gained a clear understanding of the measures that have been put in place and why they are important. "
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