‘It is the duty of every Muslim who has anything to bequeath not to let two nights pass without writing a Will about it.’
Sahih al Bukhari
Death is an inevitability but it is easy to push this to the back of your mind and let the task of writing a Will fall to the wayside. However, it is incumbent on every Muslim who has something to bequeath to ensure their estate will be distributed in the manner prescribed in Islam.
Did you know that if you die without a will your estate will be distributed according to English intestacy law? These are not in accordance with Islamic principles of estate distribution making it paramount that you have a Will written up which comply with both your Islamic obligations whilst also being legally valid under UK law.
The Law Practice is now offering our Muslim Clients Wills that are compliant with Sharia. This will ensure that your estate is divided according to Islamic law as well as complying with the requirements of UK law. Your peace of mind is paramount and with the service that we offer you can rest easy knowing your material affairs will be in order after your passing.
Do not leave your loved ones with the difficult task of dealing with your estate without a legally valid will. The issues that can arise by being intestate are many fold. The likelihood of dispute amongst family members rises and it is important to remember that English law does not recognise Islamic marriages that have not been registered under a civil ceremony.
There is, unfortunately, a lack of sharia-compliant Will writing service being offered to the Muslim community and where this is offered the Will that is drafted may not always be valid under UK law. By not ensuring you have a sharia-compliant Will valid under UK law you could leave many problems for your loved ones. The most important one being that your estate will be distributed according to English law only, which is not in accordance with your faith.
By having a Will you will be in charge of how your assets will be distributed. You will also appoint an executor who will act according to Islamic principles as well as your wishes in ensuring all assets are distributed correctly.
If you have young children you can appoint guardians to look after your children until they reach adulthood. Without a Will, the future of your children will be left uncertain. A Will ensures that they receive the intended amount from your estate rather than the amount that will be allocated to them under UK intestacy rule.
Basic Breakdown Of How Your Estate Will Be Distributed
- All debts owed by the deceased are to be paid off from their estate. Where debts exceed the value of the assets, it is recommended family members meet this shortfall – though they are not obliged to do so.
- Funeral expenses should be paid out of the estate. If a family member wishes to meet the cost of this voluntarily this is acceptable.
- Any bequests made by the deceased must be honoured. This must not exceed one-third of the value of the remaining assets.
- The remaining assets must then be distributed according to the principles of Sharia.
Once you instruct us we shall ensure that the service provided is stress-free and to your satisfaction. We will take your detailed instructions and tailor your Will accordingly.
Call our Islamic Wills team on 0121 778 2371 and speak to an expert or Contact Us here.
‘It is prescribed, when death approaches any of you, if he leave any goods that he make a bequest to parents and near relatives according to reasonable usage; this is due from the God-fearing.’
Surah Al- Baqara 2:180