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.
Family Trust Deed
How to put a ring of steel around your family's assets.Read more...
Family Trust Will
Preserving your Assets for your FamilyRead more...
Memorandum of Wishes
Memorandum of wishesRead more...
Deed of Severance
The way you co-own your home with your other half really matters.Read more...
Advance Directive, or Living Will
Staying in control of your life choicesRead more...
Storing your Will
Keeping your Will and Other Documents Safe and ValidRead more...
Updating your Will
Your Will is only fit for its pupose if it's up to date.Read more...
Lasting Power of Attorney for Health and Welfare
It's your life - make sure it's you who always decidesRead more...
Lasting Power of Attorney for Property and Financial Affairs
Lasting Power of Attorney for Property and Financial Affairs - Planning Forward to Stay in ControlRead more...
Easy access to legal help at controlled cost.Read more...
Traditional Wills are a straightforward, cost-effective way forwardRead more...
Traditional Estate Plan
An efficient way to protect yourself in later life and protect your legacyRead more...
Traditional Plus Estate Plan
Taking Care of your legacy, your lifestyle and your finances with our Traditional Plus Estate PlanRead more...
Family Trust Estate Plan
Protecting your assets in every eventuality.Read more...
Family Trust Plus Estate Plan
A robust way to protect yourself and your family, whatever may happen..Read more...
Family Trust Extra Estate Plan
Every eventuality taklen care ofRead more...
Subscribe for Updates & Information
"Although we didn't think our financial affairs or family arrangements were particularly complicated, Gina talked us through all the things we should consider to ensure what we put in place was right for us and our family. She is clearly very knowledgeable and gave us lots of advice and guidance and explained everything so we understood the implications of our decisions. The paperwork was drawn up quickly and accurately based on our discussions. She also helped my parents with their estate planning. She reviewed their current arrangements and has drawn up lasting Powers of Attorney for them both. Again, everything was explained clearly and sensitively and I know my parents are also very happy with the service they received. I would happily recommend WillWritten to anyone considering making a Will or looking to review their estate planning. "