What is Sharia?
Sharia is the set of religious and moral principles that provide guidance on Muslims’ social, political, and economic lives.
What is a Sharia Will?
A Sharia (-compliant) Will, also known as Wasiyyah, 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 that arranges who will receive their property when they die, in accordance with the laws of Sharia.
Under the rules of Islamic inheritance, a testator’s estate is divided into three shares, 2/3s are subject to fixed share rules. The testator only has freedom as to how the remainder is then distributed. There are 6 beneficiaries set out under the fixed share rules who must receive a share of the estate (if they are alive). These are the father, mother, husband, wife, daughter, and son of the deceased. Should none of these people be alive, the rules become a little more complicated, and more remote family members may receive a share.
How to make a Sharia Will?
The first point to note is that any Will made in England and Wales must comply with the requirements for making a Will pursuant to the Wills Act 1837 in order for it to be valid. Apart from the general rules of making a legally binding Will in England and Wales, there are a number of additional requirements for a Will to be Sharia-compliant:
- The executor must be a Muslim;
- The above succession laws;
- 1/3 can be left to anyone who is not entitled to a fixed share, such as a charity; and
- Any assets you leave must be specific, such as a certain car, pieces of jewellery, etc.
What are the potential disputes in relation to Sharia Will?
In England and Wales, if a person dies without a Will, then intestacy rules dictate how the estate is distributed between the beneficiaries and they are in conflict with Sharia, which states that:
- Sons usually inherit twice as much as their sisters when one of the parents dies;
- A wife is entitled to 1/8 if her husband had children;
- A husband is entitled to 1/4 if his wife had children;
- Children born outside of marriage or adopted children may not inherit; and
- Relatives not married in a Muslim wedding can be excluded.
When a dispute arises, as a personal representative or beneficiary, you should seek independent legal advice on finding a solution. One way to do so may be by carrying out mediation by an Islamic scholar.
How can we help?
Ronny Tang is an Associate in our expert Dispute Resolution team, specialising in defamation claims, contentious probate and inheritance claims, Trusts of Land and Appointment of Trustees Act 1996 claims, Equality Act 2010 claims and Protection From Harassment 1997 claims.
If you need any advice concerning the subject discussed in this article, please do not hesitate to contact Ronny or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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