We know how difficult it can be to take on the considerations needed to put together your own will, particularly when you need to consider religious traditions and beliefs you would like to follow.
This includes ensuring that final wishes regarding estate and family care align with religious and ethical convictions. At Slater Heelis, we understand that the making of a will is a profoundly personal journey, and for those of our clients who adhere to the teachings of Islam, it is essential that this document complies with Sharia Law.
This is why specialist guidance is crucial—not only to draft a document that respects all legal standards but also to embody the values and faith of the person whose will it is.
What is a Sharia-compliant will?
A Sharia-compliant will is structured to align with the moral and legal codes of Islam, offering peace of mind that it faithfully reflects the individual’s religious beliefs and wishes. Crafting such a will involves specific considerations and obligations that differ from those in a standard will, addressing unique elements like the distribution of the estate, the role of the executor, and even specific funeral wishes.
Key components of an Islamic will
To ensure a will is Sharia-compliant, several key components need to be included.
Executor
The appointed executor of the will must be a Muslim, as they will oversee the implementation of the will’s terms in accordance with Islamic principles. This role is pivotal in ensuring that every detail of the will is executed as intended.
Estate Distribution
Islamic law stipulates that at least two-thirds of one’s estate should be distributed among living family members. This distribution is typically predefined, reflecting the closeness of familial relationships and responsibilities. The remaining third of the estate can be allocated to other beneficiaries, such as friends, charities, or other causes, allowing some flexibility to reflect the personal wishes of the deceased.
Wills and Probate Solicitor, Fakhruddin Maimoon, comments:
“The Quran states that you can leave up to ⅓ of your estate to the less fortunate or a charity of your choice. It also states that a Muslim should distribute among living family members.
I often speak to Muslims to discuss how their Wills should be structured so they are not only following Sharia Law but making sure their Wills are inheritance tax efficient and best suited to their family situation.”
Burial Instructions
Including burial wishes and a declaration of faith within the will ensures that the individual’s final rites are conducted according to Islamic practices. This can provide immense comfort and assurance to family members during a challenging time.
Missed Acts of Worship and Unpaid Zakat
A Sharia-Compliant Will can also include provisions for any missed obligatory religious duties, such as prayers or fasting, and unpaid Zakat (charity). These provisions often take the form of charitable donations, ensuring that these obligations are fulfilled posthumously, reflecting a life lived in accordance with Islamic teachings.
The importance of making a Sharia-compliant will
The consequences of not having a will can be significant. If a person dies without a will, the rules of intestacy come into play. Under these rules, the distribution of the estate may not necessarily align with Sharia Law, potentially contradicting the deceased’s wishes.
Creating a Sharia-compliant will not only ensures that your estate is distributed according to your faith and beliefs but it also provides the peace of mind that your legacy will be honoured as you intended. It prevents potential disputes among family members and ensures that your contributions to charity and the community are managed as you would wish.
Contact Us
At Slater Heelis, we are committed to providing a first-class approach to assisting our clients through the sensitive process of will-making. We strive to understand and incorporate your individual needs and beliefs into every aspect of your will.
Our team of expert solicitors are equipped with the knowledge and sensitivity to handle the specific requirements of drafting an Islamic will, ensuring that your estate is managed exactly as you would wish, in alignment with both your faith and the law.
We are here to ensure that your legacy is as you intend it to be, with every detail handled with the utmost respect and professionalism.
If you’d like to speak to one of our experts, contact our team by filling out our online contact form or calling 0330 111 3131.