Regarding Sharia Law Wills, Islam says…
It is the duty of a Muslim who has anything to bequeath not to let two nights pass without writing a Will about it.” (Sahih al-Bukhari)
According to the Sharia Law in Islam, a Muslim with wealth is under a duty to write a will and he/she should not let three days pass without executing a Will. The Quran and Hadiths place great emphasis on the distribution of a Muslims’ wealth in a prearranged way upon death, with the goal of allocating wealth justifiably, safeguarding the rights of the susceptible.
A sharia compliant Will gives the testator a chance to help someone who is not eligible to inherit from them too. The Will can be used to explain the nature of joint accounts, those living in commonality, appointment of guardian for one’s children and much more.
Unless you make a lawful Sharia Will, your estate will not be dispersed in harmony with Sharia laws of inheritance and you will not be able to assign a trustee (wassiya) to your estate and property.
To accomplish your religious duty, it is significant for Muslims to implement a Sharia compliant Will and not just a secular will. The extremely knowledgeable team at JMR Solicitors is here to support you with legal advice and execution relating to your Sharia compliant Will, providing the backing you need to make sure everything is finalised suitably.
Sharia Wills Explained
As a minimum, it is said that two-thirds of a deceased Muslim’s estate must be scattered amongst living relations in fixed shares as outlined in the Quran. Up to one-third of a Muslim’s estate can be donated to anyone in a Will who is not entitled to a fixed share, such as a charity. Muslims might request to leave a “Sadaqah Jariya” (which is a sort of continuous charitable donation in the cause of Allah) and Muslims have faith in that they can earn the rewards for this beyond the grave.
Under an Islamic will, Muslims can also:
- Assign Executors to manage their estate after they have died
- Outline guardians of children
- Make provisions for any children, such as outlining the amount for their maintenance, education or benefit. This can be done in Sharia-compliant trusts
- Stipulate who they prefer the ’up to one third bequests’ can be given to
- Stipulate any charities they may wish to donate to
- Specify any funeral wishes. Muslims must be buried, and their bodies should not be subject to a post-mortem in accordance to the Sharia Law.
Sharia Wills and English Law
It is vital to confirm that not only does a Sharia compliant Will adheres to the values of Islam, but it is also tax efficient and compliant with the laws of England and Wales. Preparation for your Will is key to conserving your assets and qualifying tax and our JMR team can help you by advising on tax legislation. There are ways to draft Sharia compliant Wills that also save Inheritance Tax that JMR Solicitors can help you with.
What Happens If I Don’t Have a Sharia Will?
If you die without a Sharia Law Will in place, then your assets and estate will be circulated to fit the rules of intestacy of the country. This will mean that no thoughts for Muslim beliefs and going through the process will upsurge the time and cost of dealing with an estate.
Sharia Wills can also be used to set out specific requests for burial and how the body is handled after the death.
Why Choose JMR Solicitors for Sharia Law Wills?
JMR solicitors have been creating Sharia Law Compliant Wills for several years and are highly knowledgeable in all facets of Sharia will writing. We have the know-how to ensure that you are not only complying to your faith, but also the laws of the land.
Take advantage of JMR’s free 30-minute consultation
For a no obligation discussion about Sharia Law Wills, call us on 0161 491 3933 or email firstname.lastname@example.org