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Islamic Wills & Succession

Specialist Islamic wills and succession solicitors creating Sharia-compliant wills following Faraid principles. Expert guidance on Islamic inheritance law and UK compliance.

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What is Islamic Wills & Succession?

Understanding Islamic Inheritance Law in the UK

Islamic inheritance law (Mirath) is divinely ordained in the Quran and requires specific distribution of assets according to Faraid principles. Our specialist solicitors create wills that comply with both Sharia law and UK legal requirements, ensuring your religious obligations are met while protecting your family's interests.

What Our Islamic Succession Solicitors Can Help With

  • Sharia-Compliant Wills: Wills following Islamic inheritance principles and Faraid calculations
  • Faraid Distribution Planning: Correct calculation of fixed Quranic shares for all heirs
  • Wasiyyah Provisions: One-third discretionary bequests for charity and non-heirs
  • Islamic Trust Structures: Protecting family assets within Islamic principles
  • Cross-Border Islamic Estates: International Islamic succession planning
  • Islamic Executor Training: Guidance for executors on religious requirements
  • Haram Asset Management: Dealing with non-Sharia compliant investments
  • Islamic Probate Administration: Estate administration following Islamic principles

Understanding Faraid - The Islamic Inheritance System

Fixed Sharia Shares for Heirs:

  • Surviving Spouse: Wife receives 1/4 (with children) or 1/2 (without children); Husband receives 1/8 (with children) or 1/4 (without children)
  • Male Children: Receive twice the share of female children from residuary estate
  • Parents: Each parent receives 1/6 (with children present) or more (without children)
  • Siblings: Various shares depending on family composition and presence of other heirs
  • Other Relatives: Extended family members according to priority order (Asabah system)

The One-Third Rule (Wasiyyah):

  • Maximum 1/3 of estate can be freely bequeathed to non-heirs
  • Charitable donations (Sadaqah Jariyah) highly encouraged
  • Remaining 2/3 must follow strict Faraid distribution
  • All debts, funeral expenses, and Zakat obligations paid first

Challenges in UK Islamic Succession Planning

Our solicitors address complex issues unique to Islamic inheritance in England and Wales:

  • Joint Property Ownership: Dealing with jointly owned matrimonial homes and Islamic principles
  • Pension Benefits: Ensuring workplace pensions distribute according to Islamic law
  • Life Insurance & Takaful: Managing insurance proceeds within Islamic guidelines
  • Business Assets: Islamic succession planning for family businesses and partnerships
  • Investment Portfolios: Handling mixed halal and haram investment assets
  • International Assets: Coordinating Islamic inheritance across multiple jurisdictions
  • Forced Heirship: UK law conflicts with Islamic prohibition on disinheriting certain relatives

The Islamic Will Creation Process

  1. Religious Consultation: Understanding your Islamic obligations and family circumstances
  2. Asset Assessment: Comprehensive review of all property, investments, and liabilities
  3. Faraid Calculation: Precise working out of each heir's Quranic entitlement
  4. Dual Compliance Drafting: Creating documents valid under both Islamic and UK law
  5. Scholar Review: Optional consultation with Islamic scholars for complex matters
  6. Execution & Witnessing: Proper witnessing according to UK legal requirements
  7. Storage & Registration: Secure storage with family notification arrangements

Types of Islamic Succession Documents

Standard Islamic Will:

  • Follows Faraid distribution for all assets
  • Includes charitable bequests within 1/3 limit
  • Appoints Muslim executors familiar with Islamic law
  • Contains religious declarations and prayers

Complex Islamic Will with Trusts:

  • Incorporates Islamic trust structures for asset protection
  • Manages business succession according to Sharia principles
  • Addresses international assets and cross-border inheritance
  • Includes detailed Wasiyyah provisions

Living Islamic Trust (Waqf):

  • Charitable endowment structures for ongoing Islamic causes
  • Family Waqf for education and welfare of descendants
  • Religious property dedication for mosque or Islamic centre use

Common Islamic Succession Issues

  • Non-Muslim Beneficiaries: How to provide for non-Muslim spouses or children
  • Adopted Children: Islamic law doesn't recognise adoption - alternative provision methods
  • Estranged Family Members: Cannot disinherit Quranic heirs even due to disputes
  • Charitable Bequests: Maximising Islamic charitable giving within legal limits
  • Business Continuity: Ensuring Islamic business principles continue after death
  • Geographic Complications: Different Islamic schools (Madhabs) across family locations

Why Choose SolicitorConnect for Islamic Succession

  • Islamic Law Expertise: Solicitors trained in Faraid calculations and Islamic principles
  • Cultural Sensitivity: Deep understanding of Islamic values and community practices
  • Dual Legal Knowledge: Expertise in both Islamic jurisprudence and UK succession law
  • Scholar Networks: Access to respected Islamic authorities for complex rulings
  • Community Experience: Extensive experience serving Muslim families across the UK
  • Ongoing Support: Guidance for executors and families during estate administration

Islamic succession planning requires deep understanding of both religious obligations and UK legal requirements to ensure your family's spiritual and financial welfare.

This information is for general guidance only and does not constitute legal advice. For specific legal advice tailored to your situation, please consult with a qualified solicitor.

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Frequently Asked Questions

Common questions about islamic wills & succession and how our solicitors can help

Faraid is the Islamic inheritance system mandated by the Quran, specifying fixed shares for certain heirs. Surviving spouses receive 1/4 or 1/2 depending on whether there are children. Male children receive twice the share of female children. Parents receive 1/6 each when children are present. The system ensures fair distribution while prioritising immediate family. Our solicitors calculate exact shares based on your family situation and create wills that comply with both Faraid and UK law.

No, Islamic law prohibits disinheriting Quranic heirs who have fixed shares under Faraid. You cannot exclude your spouse, children, or parents from their prescribed inheritance. However, you can freely dispose of up to one-third of your estate (Wasiyyah) to charity or non-heirs. Some flexibility exists in how assets are structured during your lifetime. Our solicitors help you achieve your goals while respecting Islamic inheritance obligations.

The one-third rule (Wasiyyah) allows you to freely bequeath up to one-third of your estate to charity or non-heirs. This cannot exceed one-third without consent from your legal heirs. The remaining two-thirds must be distributed according to Faraid to your Quranic heirs. This rule balances your charitable desires with family obligations. Our solicitors help maximise your charitable giving while ensuring proper family provision.

Joint property creates complications for Islamic inheritance as it passes automatically to the surviving joint owner, bypassing Faraid distribution. Options include severing the joint tenancy to create tenancy in common, using Islamic trust structures, or life insurance to equalise inheritance. Each solution has different implications. Our solicitors analyse your specific situation and recommend the best approach to balance Islamic compliance with practical considerations.

Islamic law generally prohibits non-Muslims from inheriting from Muslims and vice versa. However, you can provide for non-Muslim family members through the one-third Wasiyyah bequest or lifetime gifts. Some modern interpretations allow inheritance in exceptional circumstances. Our solicitors help structure arrangements that provide for non-Muslim family members while respecting traditional Islamic principles and maintaining family harmony.

Haram (prohibited) assets like alcohol company shares or interest-bearing bonds should be disposed of and proceeds given to charity. Heirs cannot benefit from haram wealth according to Islamic principles. Our solicitors help identify problematic assets, arrange their disposal, and structure charitable donations. This 'purification' process ensures the inheritance complies with Islamic law while maximising legitimate wealth transfer to beneficiaries.

Yes, Islamic wills must comply with UK witnessing requirements to be legally valid. Two independent witnesses who are not beneficiaries must sign the will in your presence. While Islamic law has different witnessing traditions, UK legal requirements take precedence for enforceability. Our solicitors ensure proper execution that satisfies both Islamic principles and UK legal validity, protecting your family from potential challenges.

Review your Islamic will every 3-5 years or after major life events like marriage, divorce, births, deaths, or significant asset changes. Changes in Islamic scholarship interpretations or UK inheritance laws may also require updates. Marriage automatically revokes existing wills unless specifically stated otherwise. Our solicitors provide regular review services to ensure your will remains current and continues to meet both Islamic obligations and UK legal requirements.

Yes, charitable donations (Sadaqah Jariyah) are highly encouraged in Islamic wills within the one-third Wasiyyah limit. Popular options include mosque donations, Islamic school funding, orphan support, or general Islamic charity. Some donations may qualify for inheritance tax relief, reducing the overall tax burden on your estate. Our solicitors help structure charitable bequests to maximise both spiritual reward and tax efficiency.

Will disputes can be resolved through Islamic mediation, religious arbitration, or UK courts. Many disputes arise from misunderstanding of Faraid calculations or disagreements over asset valuations. Early family discussions about your wishes can prevent conflicts. If disputes occur, Islamic mediation by respected scholars often provides culturally sensitive resolution. Our solicitors represent clients in all dispute resolution forums to protect your wishes and family relationships.

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