Frequently Asked Questions
Islamic law sets out strict and rigid inheritance rules that determine how a Muslim’s estate is to be divided between his or her heirs on death.
Under the Sharia; freedom to decide who inherits what, is restricted to just one third of the deceased’s net estate (after deduction of all debts and funeral expenses).The remaining two thirds are divided in accordance with the Sharia rules, which sets prescribed shares for the deceased’s surviving relatives.
In the UK, there are over 30 million adults who haven’t written a will! People often intend to put it off for later life, but it’s inevitable that many will die before getting a chance to get it done.
When someone dies without writing a will (or has a poorly written one), they are known as ‘intestate’. And the rules of intestacy come into play.
For example, if married, the surviving partner will inherit everything up to the value of £270,000. If the estate is worth more than £270,000, the partner also inherits half of everything over this value. The rest is then shared equally between the deceased’s children.
These rules of intestacy are different to the rules of inheritance under Sharia law which means if you don’t have a valid Sharia Will and die intestate, your assets will be distributed contrary to the Sharia.
If you have children under 18, a guardian needs to be appointed in the Will to take responsibility for them. If you don’t appoint a guardian, it's ultimately left to the courts to decide what's best for your children. Such decisions by the court may not be in line with the Sharia and your specific wishes.
An executor of a will is somebody you choose to carry out the instructions or wishes left in your will. They could be a friend, family member or a professional – the most important thing is that they feel comfortable, and you feel confident in them administering your estate.
Ideally, a properly written Sharia Will will adhere to the principles of Islam, as well as being tax-efficient and fully compliant with the laws of England and Wales.
Sharia Wills are often homemade or written by people who are not qualified legal professionals, which means they may fail to consider all the legal issues surrounding each particular circumstance. These wills may not have any effect under English law, which can render your estate difficult to administer, and create tax and legal complications and expense.
Planning ahead is key to preserving your assets and mitigating tax, which is why our Sharia Will is designed ensure your wishes are compliant with both the Sharia and U.K. law.