JMR Solicitors offer Sharia compliant wills, cautiously written to safeguard that in the event of your passing, your estate and wealth are distributed in harmony with Islamic law, whilst also complying with UK law.
It is narrated in the Bukhari textbook: “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]
To accomplish your religious obligation, it is important for Muslims to execute a Sharia compliant Will and not simply a secular will.
JMR Solicitors develop Sharia Compliant Wills with guidance from Manchester’s leading Islamic Scholars to ensure they have confirmation of total compliancy to Sharia. Additionally, we endeavor to ensure the Will is relevant to British Law and can fulfill your wishes after your passing with ease.
Why is it important for Muslims to have a Sharia Will?
Having a Sharia Will is important for Muslims because it allows them to:
- Ensure their assets are distributed in accordance with Islamic principles
- Appoint guardians for minor children who will raise them in line with Islamic teachings
- Make specific bequests to fulfil their religious obligations (e.g., charitable donations)
- Avoid potential disputes among family members by providing clear instructions on asset distribution
How is a Sharia Will different from a conventional Will?
A Sharia Will differs from a conventional Will in that it incorporates Islamic principles and follows specific rules outlined in Sharia law. It takes into consideration the Islamic concept of inheritance, which includes guidelines for the distribution of assets among beneficiaries based on their relationship to the deceased.
Can I have a Sharia Will alongside a conventional Will?
Yes, it is possible to have both a Sharia Will and a conventional Will. However, it is essential to ensure that there is no conflict between the two documents. Seeking legal advice from a solicitor experienced in Sharia Wills can help you create a comprehensive estate plan that accommodates both your Islamic beliefs and legal requirements.
Can a non-Muslim be a beneficiary or executor in a Sharia Will?
Yes, a non-Muslim can be a beneficiary or executor in a Sharia Will. Sharia law allows for the inclusion of non-Muslim beneficiaries, although their shares may differ from those of Muslim beneficiaries. It is advisable to seek legal advice to understand how the distribution of assets will be affected by the inclusion of non-Muslim beneficiaries.
Is a Sharia Will legally valid in the UK?
Yes, a Sharia Will is legally valid in the UK as long as it meets the legal requirements for a valid Will. It must be in writing, signed by the testator (the person making the Will), and witnessed by two independent witnesses who are present at the same time.
Can I change or update my Sharia Will?
Yes, you can change or update your Sharia Will if your circumstances or wishes change. It is recommended to consult with a solicitor experienced in Sharia Wills to ensure that any amendments are legally valid and properly executed.
How is a Sharia Compliant Will distributed in terms of assets?
At least two-thirds of a deceased Muslim’s estate must be spread amongst living relatives in fixed shares as set by the Quran.
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, such as a charity. Muslims may wish to leave a “Sadaqah Jariya” (which is a type of continuous charitable giving in the cause of Allah) and Muslims believe that they can earn the rewards for this beyond death.
What can a Sharia Compliant law contain apart from distribution of assets and estate?
Under an Islamic Will, Muslims can also:
- Assign Executors to handle their estate after they have passed away
- Appoint guardians of any young children
- Make provisions for any young children, i.e. to invest their inheritance for their maintenance, education or benefit. This can be invested in
- Sharia-compliant trusts
- Stipulate who they would like their ’up to one third bequests’ to go to
- Agree any charities they may wish to benefit
- Specify any funeral requirements. Muslims must be buried and their bodies must not be subject to a post-mortem in accord to the Sharia
Why Should I Make a Sharia Compliant Will?
Unfortunately, after a death of a loved one, emotions are running high and often, family members fall into dispute over estate if nothing has been outlined prior to death. This is why it is recommended to have a will ready to avoid problems arising.
It offers Muslims peace of mind, to know that a Sharia compliant Will ensures your requests are fulfilled in accordance with your Islamic faith, which may not be taken into consideration should you only have a typical UK Will.
- A firm Sharia compliant will is not essentially Inheritance Tax competent (Inheritance Tax is charged at 40%). JMR can look to draft Sharia Compliant Wills that save on Inheritance Tax
- If you own a business, there may be extra Inheritance Tax savings to be had should your business qualify for Business Property Relief
What Happens If I Don’t Have a Sharia Will?
If you die without a Sharia Compliant Will, then your assets and estate will be spread in accord of the rules of intestacy. These include no provisions for Muslim beliefs and going through the process will increase the time and cost of dealing with an estate.
Sharia Wills can also be used to set out precise requests for burial and safeguard that any ceremony which takes place is run in agreement with Islamic rituals
How can JMR Solicitors help with Sharia Wills?
Our experienced solicitors can assist you in creating a Sharia Will that aligns with your Islamic beliefs and meets the legal requirements in the UK. We provide guidance on asset distribution, appointment of guardians, and other relevant matters. Our team can also help you navigate complex issues and ensure that your Sharia Will is legally valid and enforceable.
Contact JMR Solicitors to Discuss Your Sharia Compliant Will
If you wish to discuss Sharia Compliant Wills and have further unanswered questions our Sharia compliant will writing service; we’ll be happy to answer your questions so give us a call on 0161 491 3933