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Sharia-Compliant Will UK: Islamic Inheritance Guide

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Part ofWills & Probate

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
For Muslims living in England and Wales, writing a will isn't just good estate planning, it's a way of making sure your estate passes in line with your faith. Without one, the intestacy rules decide who inherits, and those rules don't reflect Islamic inheritance principles at all. A Sharia-compliant will bridges that gap: it's drafted to satisfy the formal requirements of English law while directing your estate to be distributed according to the rules set out in the Quran and Sunnah. In this guide, I'll walk through what makes a will Sharia-compliant, how it interacts with UK succession law, the practical decisions you'll need to make, and the common drafting mistakes that cause these wills to fail or be challenged. It's aimed at anyone thinking about writing one, whether for themselves or a family member.

What this document is

A Sharia-compliant will (sometimes called an Islamic will or 'wasiyyah') is a will that meets the legal formalities of the Wills Act 1837 in England and Wales, but directs the distribution of the estate in accordance with Islamic inheritance principles. Those principles are drawn primarily from chapter 4 of the Quran (Surah an-Nisa) and from established scholarly interpretation.

Under classical Islamic law, fixed shares pass to prescribed heirs such as spouses, parents, and children, and only up to one third of the estate can be left to non-heirs or to charity by bequest. The remaining two thirds must pass to heirs in their Quranic shares.

For a UK-based Muslim, the will needs to do two jobs at once: satisfy English law on execution, capacity and witnessing, and clearly set out the Islamic distribution so executors can apply it without ambiguity. Done well, it keeps the family out of the intestacy rules and gives executors a clear framework to follow.

How to use this document

  1. Take stock of your estate. Before anyone can draft a will, you need a realistic picture of what you own: property, bank accounts, pensions, investments, business interests, and any debts. Note which assets are held jointly, because assets held as joint tenants pass by survivorship and sit outside the will entirely.
  2. Identify your Sharia heirs. Work out who your heirs are under Islamic law at the present time: spouse, children, parents, and in some cases siblings or more distant relatives. The exact shares depend on who survives you, so it's worth discussing this with a knowledgeable scholar to make sure the will reflects the correct position for your family.
  3. Decide on bequests within the one-third limit. Islamic law permits you to leave up to one third of your estate to non-heirs, charities, or causes you care about. Use this allowance deliberately: you might leave something to a grandchild, a masjid, or a charitable cause. Anything beyond one third to non-heirs generally requires the consent of the heirs.
  4. Choose executors and guardians. Appoint executors you trust to administer the estate faithfully and who understand the Islamic framework you've set out. If you have children under 18, name guardians in the will. Pick people who share your values and who are practically willing and able to take on the role.
  5. Get it executed properly under English law. The will must be in writing, signed by you in the presence of two independent witnesses who also sign, and those witnesses must not be beneficiaries or married to beneficiaries. Store the original somewhere safe and tell your executors where it is. A will that isn't properly executed can fail entirely, no matter how carefully the Islamic provisions are drafted.

Common questions

If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Common questions

Q Is a Sharia-compliant will legally valid in England and Wales?
Yes, provided it meets the formal requirements of the Wills Act 1837. English law doesn't care about the religious content of your will, it cares about whether it was properly signed and witnessed by someone with capacity. So long as the will is executed correctly, the courts will give effect to the distribution you've set out, including one that follows Islamic inheritance rules.
Q What happens to a Muslim's estate if they die without a will in the UK?
The intestacy rules in England and Wales apply, and those rules don't follow Islamic inheritance principles. A surviving spouse typically takes a large share, parents and siblings may receive nothing if there are children, and unmarried partners receive no automatic entitlement. This often produces an outcome very different from what Islamic law prescribes, which is why writing a will matters.
Q Can I leave everything to my wife or my children in a Sharia-compliant will?
Not entirely. Under classical Islamic inheritance rules, each eligible heir has a prescribed share, and the testator generally cannot redirect those shares away from them. You can only leave up to one third of your estate by bequest to non-heirs. Within the heirs' portion, the Quranic shares apply by default.
Q Do I need a solicitor to draft a Sharia-compliant will?
You don't have to use a solicitor, but these wills sit at the intersection of English succession law and Islamic jurisprudence, so getting it wrong is easy. Many people use a solicitor who works alongside a scholar, or use a firm that specialises in Islamic wills. The cost of getting it right is small compared to the cost of a dispute later.
Q What about inheritance tax on a Sharia-compliant will?
Inheritance tax in the UK applies the same way regardless of whether the will is Sharia-compliant. The nil-rate band, spouse exemption, and charity exemption all still apply. Because Islamic wills often split estates between several heirs rather than passing everything to a spouse, the tax position can differ from a conventional will, so it's worth thinking through before finalising the document.
Q Can I include funeral and burial wishes in the will?
Yes, and it's sensible to do so. Many Muslims include directions about ghusl, kafan, janazah prayer, and burial according to Islamic tradition. Strictly speaking, funeral wishes in a will are not legally binding on the executors, but in practice they give clear guidance and help family members follow your preferences without disagreement.
Q What if I have assets abroad?
Assets in other countries may be governed by the succession law of that country, not English law. This is especially important for property in Muslim-majority countries, where local inheritance rules may apply automatically. You may need a separate will in each jurisdiction, drafted so the wills work together rather than accidentally revoking each other.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.