“AllahMessenger(PBUH)said“It is the duty of a Muslim, who has something which is to be given as a bequest, not to have it for two nights, without having his bequest written down regarding it.” (Bukhari/Muslim)”
If you die without a valid Will, your assets will be distributed in accordance with English Law and the ‘rules of intestacy’.
Ask yourself, as a Muslim are you certain that upon your death, everything you own will be distributed correctly and in accordance with your religious obligations?
It is estimated that as many as 60% of people in the UK don’t have a Will meaning their estate will not be dealt with the manner they would have wanted. For Muslims this means their estate is likely to distributed in a manner which goes against the rules of Shariah.
Or, a Will may exist which is legally invalid in which case, it will be as if a Will was not created at all.
For Muslims living in the West, not having a valid Shariah Compliant Will is not an option. It is of utmost importance that provisions are in place to protect both you and your loved ones, ensuring your estate is distributed in a manner which is prescribed for you, while making sure that your Will is legally valid.
An Islamic, or Shariah Will predetermines who is eligible for inheriting your assets as instructed within the early verses of Surah an-Nisa within the Holy Qur’an. At least two-thirds of a deceased Muslim’s estate must be spread amongst living relatives in fixed shares. Up to one-third of a Muslim’s estate can be donated to anyone in a Will who is not eligible to a fixed share, including a charity..
A Shariah Will can also be utilised to set out precise instructions to ensure that chosen Executors handle your estate in a Shariah-compliant way. Furthermore, it can be used to appoint guardians for any children, deal with specified debts, set out precise requests for burials and safeguards to ensure that the funeral is conducted in a timely and Islamic manner (along with expenses being accounted for), make provisions for charities and deal with any outstanding religious obligations such as missed prayers, outstanding fasts or pilgrimage.
Creating a Sharia Compliant Will is a religious obligation for any Muslim:
AllahMessenger(PBUH)said“AmanorwomandevoutlyobeyAllahforsixtyyears.Yetwhen death approaches them, they act wrongfully (when making) their Bequest, as a result the fire becomes binding for them.”(Ahmad)
There is no ‘best time’ to write a Will as death is inevitable. Most people wait for major milestones in life such as birthdays, graduation, marriages or having children.
A Shariah compliant Will is valid in the UK as long as it meets the legal requirements. There are many options available to create your own Will. However as with any legal document, consulting a Solicitor for advice is always advisable to avoid errors.
Each Islamic Will we create is carefully drafted to ensure your needs are met and then reviewed by a certified Mufti to ensure that your estate will be distributed in accordance with the Islamic Laws of succession.
Fairmont Legal can advise and guide you every step of the way to help you draft your Will, with the added benefit of a Mufti review and/or consultation. Contact a member of the team today.