Islamic Will (Wasiyyah) in the UK
We draft Islamic wills that are valid under English law and follow Sharia inheritance shares, so your estate passes the way your faith requires.
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What is an Islamic will?
An Islamic will, or wasiyyah, is a will that is legally valid in England and Wales but directs your estate to be shared according to Islamic inheritance rules (fara’id). Without one, UK intestacy law decides who inherits, and those rules do not follow Sharia.
At Adam Bernard Solicitors, our wills solicitors in High Holborn and Upton Park draft Islamic wills that work under both English law and Islamic law, so your executors can carry out your wishes without dispute. Call 0207 100 2525 or book a video consultation via Zoom, Teams, WhatsApp or Skype.
An Islamic will usually does two jobs in one document:
- Inheritance (mirath): directs that your estate passes to your Islamic heirs in their fixed Qur’anic shares, set out in Surah An-Nisa (4:11–12).
- Bequest (wasiyyah): lets you leave up to one-third of your estate to people who are not fixed heirs, or to charity.
The Arabic word wasiyyah (also spelt wasiyah or wasiyya) means a bequest or instruction. In everyday UK usage, “Islamic will”, “Muslim will”, “Sharia will” and “wasiyyah” all refer to the same document.
This guide is for general information and does not constitute legal advice.
Why do Muslims in the UK need an Islamic will?
If you die without a valid will in England or Wales, your estate is shared under the intestacy rules, which do not reflect Islamic inheritance shares. You can check how this works using the GOV.UK intestacy tool.
Under intestacy, if you leave a spouse and children, your spouse receives your personal belongings, the first £322,000 of the estate (the statutory legacy, set by The Administration of Estates Act 1925 (Fixed Net Sum) Order 2023 for deaths from 26 July 2023) and half of the remainder. Your children share the other half equally, sons and daughters alike. Parents and siblings may receive nothing.
Worked example: £600,000 estate, husband dies leaving a wife, one son and one daughter (no debts, no wasiyyah)
| Intestacy (no will) | Islamic will (fara’id) | |
|---|---|---|
| Wife | £461,000 | £75,000 (1/8) |
| Son | £69,500 | £350,000 |
| Daughter | £69,500 | £175,000 |
The difference is significant. Only a valid will can make English law follow the Islamic distribution.
Is an Islamic will legally valid in the UK?
Yes. An Islamic will is fully valid in England and Wales provided it meets the formal requirements of the Wills Act 1837, section 9. The content can follow Sharia; the execution must follow English law.
According to GOV.UK guidance on making a will, you must:
- be 18 or over (English law does not recognise the Islamic age of maturity for will-making)
- make the will voluntarily and be of sound mind
- put it in writing
- sign it in the presence of two witnesses, both over 18, who are present at the same time
- have both witnesses sign it in your presence
Witnesses and their spouses must not benefit. Under section 15 of the Wills Act 1837, a gift to a witness or a witness’s spouse fails. This matches the Islamic preference for two impartial witnesses, but the English rule is strict: choose people outside the family who inherit nothing.
How are assets divided under an Islamic will?
Islamic inheritance gives fixed shares to specific relatives, and the share each receives depends on who else survives. Debts and funeral costs are paid first, then any wasiyyah (up to one-third), then the remainder goes to the heirs.
| Heir | Share (common Sunni position) |
|---|---|
| Wife | 1/8 if there are children; 1/4 if not |
| Husband | 1/4 if there are children; 1/2 if not |
| Mother | 1/6 if there are children; 1/3 if not (in most cases) |
| Father | 1/6 if there are children, plus any residue |
| Sons and daughters | Share the residue, a son taking twice a daughter’s share |
| Only daughter (no son) | 1/2 |
Shares vary with family circumstances and between schools of thought, including between Sunni and Shi’a practice. Your will should state which school your executors must follow, and many clients obtain a scholar’s confirmation of the distribution.
The one-third rule (wasiyyah)
You can leave up to one-third of your net estate to non-heirs, such as charities, mosques, a stepchild, a non-Muslim relative or a friend. The remaining two-thirds must pass to your heirs in their fixed shares. Under the majority view, a bequest to someone who is already a fixed heir needs the consent of the other heirs.
A wasiyyah is also where you record:
- unpaid zakat, kaffarah or other religious obligations
- a wish for Hajj to be performed on your behalf
- burial instructions, including burial (not cremation) as soon as practicable, in line with Islamic rites
- guardians for children under 18
UK law issues every Islamic will must address
1. Religious-only marriages
A nikah that was not also legally registered in England or Wales may not be recognised as a marriage under English law. If so, your spouse would not inherit under intestacy and would not benefit from the inheritance tax spouse exemption. A will is the only way to protect a partner in this position.
2. Jointly owned property
A home owned as “joint tenants” passes automatically to the surviving owner and is not governed by your will. This can override your Islamic shares entirely. To bring your share under the will, you can change ownership to “tenants in common”. See GOV.UK: joint property ownership. Our conveyancing solicitors can arrange this.
3. Inheritance tax
An Islamic will can increase inheritance tax compared with leaving everything to a spouse. Gifts to a spouse or civil partner are normally exempt, but under fara’id the spouse usually takes only 1/8 or 1/4, so more of the estate goes to taxable heirs.
According to GOV.UK, the tax-free threshold (nil-rate band) is £325,000, with an extra £175,000 residence nil-rate band when your home passes to children or grandchildren. Tax is charged at 40% above those allowances, or 36% if you leave at least 10% of your net estate to charity. A charitable wasiyyah can therefore reduce the bill as well as fulfil a religious goal.
4. Family provision claims
Certain family members and dependants can ask the court to override any will if it does not make “reasonable financial provision” for them, under the Inheritance (Provision for Family and Dependants) Act 1975. Claims normally must be brought within six months of the grant of probate. A non-Muslim spouse (who cannot inherit under fara’id) or a financially dependent relative are common claimants. Careful drafting, including use of the one-third wasiyyah, reduces this risk.
5. Marriage revokes a will
Under section 18 of the Wills Act 1837, getting married (in a legally recognised marriage) automatically cancels an earlier will unless it was made in contemplation of that marriage. Review your Islamic will after marriage, divorce, the birth of a child or a death in the family.
6. Overseas property
Land and property abroad is usually governed by the law of the country where it sits, which may not follow your English will. Clients with property in Pakistan, Bangladesh, India, Somalia, Turkey or the Middle East often need a separate local will.
7. Changing shares after death
Heirs can agree to redistribute their shares after death using a deed of variation, provided it is made within two years of the death. HMRC treats a qualifying variation as if the deceased had made it. See GOV.UK: Instrument of Variation (IOV2).
How to make an Islamic will: step by step
- List your assets and debts: property (and how it is owned), savings, pensions, business interests, overseas assets, and any religious debts such as zakat.
- Identify your heirs: spouse, children, parents, siblings, so the fixed shares can be calculated.
- Decide on your wasiyyah: who receives up to one-third, if anyone.
- Choose executors: people you trust who will apply Islamic shares faithfully. They do not need to be Muslim, but they must understand your wishes.
- Appoint guardians for children under 18.
- Have the will drafted by a solicitor so it satisfies the Wills Act 1837 and states your school of thought.
- Sign with two independent witnesses present at the same time.
- Store it safely and tell your executors where it is.
- Review it every few years and after any major life event.
When the time comes, your executors will need to apply for probate. See our guide to the Islamic probate process.
Islamic will vs standard will
| Standard UK will | Islamic will | |
|---|---|---|
| Legal formalities | Wills Act 1837 | Same: Wills Act 1837 |
| Who inherits | Anyone you choose | Fixed Qur’anic heirs for at least 2/3 |
| Free bequests | Whole estate | Up to 1/3 (wasiyyah) |
| Spouse exemption use | Often maximised | Usually limited by 1/8 or 1/4 share |
| Funeral wishes | Optional | Burial per Islamic rites usually stated |
| Religious debts | Rarely included | Zakat, kaffarah, Hajj recorded |
How Adam Bernard Solicitors can help
Our SRA-regulated solicitors draft Islamic wills that are valid under English law and faithful to Islamic inheritance principles. We:
- calculate heirs’ shares for your family structure and school of thought
- review property ownership and advise on joint tenancy vs tenants in common
- flag inheritance tax exposure and charitable wasiyyah options
- draft provisions to reduce the risk of 1975 Act claims
- supervise signing with independent witnesses
- handle probate and estate administration after death
Islamic wills are available at both our offices, 33 High Holborn, WC1V 6AX and 25 Barking Road, Upton Park, E6 1PW, and by video. See our wills and probate fees or our wider will writing services.
Call 0207 100 2525 or contact our wills solicitors.
This guide is for general information and does not constitute legal advice.
Frequently asked questions
What is an Islamic will called?
An Islamic will is called a wasiyyah (also spelt wasiyah or wasiyya), from the Arabic for "bequest" or "instruction". In the UK it is also known as a Muslim will or Sharia will.
Is a Sharia law will legally binding in the UK?
Yes. A Sharia-compliant will is legally binding in England and Wales if it is in writing, made by someone aged 18 or over with mental capacity, and signed in front of two adult witnesses present at the same time, as required by the Wills Act 1837.
What happens if a Muslim dies without a will in the UK?
The intestacy rules apply. A surviving spouse with children receives personal belongings, the first £322,000 and half of the rest, and children share the remainder equally. This does not follow Islamic inheritance shares.
Can I leave more than one-third to charity in an Islamic will?
Under Islamic law the wasiyyah is limited to one-third so that heirs' fixed shares are protected. English law would allow more, but exceeding one-third would mean the will no longer follows Sharia.
Can a non-Muslim spouse inherit under an Islamic will?
Under fara'id a non-Muslim cannot be a fixed heir, but you can leave a non-Muslim spouse or relative a gift within the one-third wasiyyah. This also helps protect the estate against a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Does an Islamic will mean paying more inheritance tax?
It can. Gifts to a spouse are normally tax-free, but an Islamic will typically leaves the spouse 1/8 or 1/4, so more of the estate passes to taxable heirs. A charitable wasiyyah of at least 10% of the net estate reduces the rate from 40% to 36%.
Who can witness an Islamic will?
Two adults aged 18 or over who are present together when you sign. Neither witness, nor their spouse, should receive anything under the will, or their gift will fail under section 15 of the Wills Act 1837.
Can daughters receive equal shares with sons?
Under fara'id a son receives twice a daughter's share. After death, heirs can agree to rebalance shares through a deed of variation made within two years, if they all consent.
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