Yes. If you live in England or Wales, you can make an Islamic Will that is intended to reflect the principles you wish to follow. Like any other Will, it must satisfy the legal requirements for a valid Will and contain instructions that can be administered under the law of England and Wales.
For many Muslims, making a Will is not simply a financial task. It is also an opportunity to provide for family, meet religious responsibilities and leave clear instructions for the people who will deal with the estate.
Those intentions need to be expressed carefully. A general request for your estate to pass according to Islamic law may leave unanswered questions about which principles should apply, who should calculate the shares and how assets outside the will should be treated.
Zeba Yahya, Trainee Solicitor in the Wills and Probate Team at Bromleys, explains what an Islamic Will can cover and where legal or religious guidance may be needed.
What happens if I die without an Islamic Will?
Your estate will normally pass under the intestacy rules if you die without a valid Will.
These rules decide which relatives inherit, but they do not automatically distribute your estate according to Islamic inheritance principles.
The rules are set out in the Administration of Estates Act 1925. They can produce a different outcome from the one you intended, particularly if you have an unmarried partner, stepchildren or other people you wish to provide for.
A valid Will allows you to:
- Choose who will deal with your estate.
- Record how your estate should be distributed.
- Provide for people who may not inherit automatically.
- Include charitable gifts and religious wishes.
- Appoint guardians for children under 18.
This gives your family clearer instructions at a time when uncertainty can be especially difficult.
Who calculates the shares in an Islamic Will after death?
The Will should contain clear instructions explaining how the inheritance shares will be established after your death. The calculation may depend on which relatives survive you and the Islamic interpretation you have chosen to follow.
Islamic inheritance shares are often described as faraid. A wasiyyah can refer to the Will itself or, in a narrower sense, the discretionary part of an estate that may be left outside the prescribed shares.
Our solicitors can translate your instructions into a will that works under the law of England and Wales. A suitably qualified religious adviser may also be needed to confirm the applicable calculation.
The Will should make the following points clear:
- Which Islamic principles you want your executors to follow.
- Who should confirm the final inheritance calculation.
- How the discretionary part of the estate should be used.
- What should happen if an intended recipient dies first.
This is one reason a standard form may be unsuitable. The distribution needs to work for your family rather than relying on a fixed example that may no longer apply when you die.
Will my partner inherit without an Islamic Will after our nikah?
Not necessarily.
A nikah does not by itself guarantee that your partner will inherit under the intestacy rules in England and Wales. Whether the marriage is legally recognised depends on how and where it took place.
If the relationship is not recognised as a legal marriage, your partner may receive nothing automatically under the intestacy rules. A valid Islamic Will can make express provision for them, although their legal position, financial needs and the potential tax consequences should all be considered.
For example, a couple may regard themselves as married and have lived together for many years. If their nikah is not recognised under English law and one partner dies without a Will, the survivor may not have the inheritance rights they expected.
Anyone unsure about the status of their marriage should obtain individual advice rather than assume that their religious and legal positions are the same.
Can I include unpaid zakat in my Islamic Will?
Yes.
Your will can include instructions intended to address zakat that you believe remains unpaid. The provision must explain what should be paid, how the amount will be established and who should receive it.
Unpaid zakat should not automatically be treated in the same way as an ordinary charitable gift. Your instructions may need to distinguish between:
- Zakat that you believe remains outstanding.
- Sadaqah you wish to give voluntarily.
- A fixed gift to a named charity.
- A share of your remaining estate left to charity.
Accurate records can make this part of the estate easier to administer. If the calculation or eligibility of the recipient raises a religious question, guidance from an appropriately qualified adviser may be needed alongside the legal drafting.
Does an Islamic will control my share of a jointly owned house?
Not always.
The answer depends on how the property is owned. If you own a house as joint tenants, your interest will normally pass automatically to the surviving joint owner. This is known as survivorship, and it usually happens outside the Will.
A share owned as tenants in common can generally pass through the estate. The ownership arrangement should therefore be checked before the will is prepared.
The same broader issue can arise with pensions, life policies and overseas property. A will may express the distribution you want while some of your most valuable assets pass under separate arrangements.
| Issue | Can the will address it? | Important limitation |
| Estate assets | Yes | The Will must identify a workable distribution. |
| Unpaid zakat | Yes | The calculation and recipient must be clear. |
| Charitable gifts | Yes | The organisation should be identified accurately. |
| Jointly owned property | Sometimes | Joint-tenancy property normally passes by survivorship. |
| Pension benefits | Not always | Scheme rules and nominations may apply. |
| Overseas property | Not always | Another country’s succession rules may apply. |
Reviewing the whole estate helps prevent a carefully drafted distribution being undermined by assets that the will does not control.
Can an Islamic will include my Islamic burial wishes?
Yes.
An Islamic Will can record your wishes concerning burial, washing, shrouding, funeral prayer, cremation and your preferred place of burial. These instructions can give your executors and family a clear understanding of what matters to you.
You may wish to record preferences concerning:
- Burial rather than cremation.
- Washing and shrouding in accordance with your beliefs.
- Arrangements for the Janazah prayer.
- Contact with a chosen mosque.
- Burial in a particular cemetery.
- Repatriation or burial in the UK.
Practical details should also be shared with the people who may need them. Funeral decisions can arise before a stored Will is located or probate is obtained.
Bromleys Solicitors is a member of the Certainty National Will Register, which provides a way to register where a Will is held. Registration can help a family locate the document after a death, although urgent funeral information should still be kept somewhere immediately accessible.
Do my family have to follow burial wishes in my Islamic Will?
Not necessarily.
Burial wishes generally provide guidance rather than operating like an enforceable gift of money or property. Clear instructions remain valuable because they can reduce uncertainty and help those arranging the funeral understand your beliefs.
The people you appoint as executors should be willing to act promptly and respect your wishes. It is also sensible to speak to close relatives while you are alive and give them the relevant mosque, funeral director or cemetery details.
A coroner may need to become involved in some circumstances. Your Will cannot prevent an investigation or procedure required by law, so burial instructions should not promise an outcome that may be outside your family’s control.
Can a dependant make a claim against my Islamic Will?
Yes.
Certain relatives and dependants may be able to ask the court for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. This does not mean that a will following Islamic principles is automatically open to challenge or that a claim will succeed.
The possibility should still be considered where somebody relies on you financially. Relevant people can include:
- A spouse or civil partner.
- A former spouse or civil partner.
- A child of the family.
- A partner who meets the legal conditions.
- Somebody maintained by you before your death.
Your religious intentions can form part of a valid estate plan, but they should be considered alongside your family responsibilities. Clear instructions and careful records may also help your executors understand the decisions you made.
How do I prepare an Islamic will in England and Wales?
Start by looking at your family, finances and beliefs as a whole.
The purpose is not simply to add Islamic wording to a standard document, but to create instructions your executors can understand and carry out.
A sensible preparation process is:
- List your family and dependants.
- Record your assets, property and debts.
- Check how jointly owned assets are held.
- Clarify the Islamic principles you wish to follow.
- Separate unpaid zakat from voluntary charitable gifts.
- Choose suitable executors and guardians.
- Record your funeral and burial preferences.
- Sign and witness the completed will correctly.
- Store the will securely and review it regularly.
The Wills Act 1837 sets out rules for making a valid Will, including how it must be signed and witnessed. It also states that a person who is due to inherit under the will should not act as a witness, as doing so could prevent them from receiving their gift.
Is making an Islamic will worth doing?
Yes, if you want your estate plan to reflect your beliefs and family circumstances.
Without a valid document, relatives may be left to reconcile English intestacy rules with religious expectations after your death. That can be difficult when they are also dealing with grief, funeral arrangements and the practical work of administering the estate.
Preparing the will gives you an opportunity to clarify the distribution, explain how zakat should be addressed, choose the right executors and record your burial wishes. It also allows property ownership, pensions, trusts and overseas assets to be checked before they create an unexpected result.
How can Bromleys help me prepare an Islamic will?
Bromleys can help you prepare a legally valid Will that reflects your personal and financial circumstances. Our Wills Solicitors service includes Will writing, updating existing Wills, trusts, inheritance-tax planning and estate administration.
During an initial discussion, the team can consider the size of your estate and the needs of the people you wish to provide for.
Our team has been based in Ashton-under-Lyne for more than 175 years and advises individuals and families in Greater Manchester and elsewhere.
To discuss preparing or reviewing your Will, call Bromleys on 0161 330 6821, complete our online enquiry form, or email bromleys@bromleys.co.uk to find out how we can help you and your family.