The starting point is that if you die, without making a Will, you are said to have died ‘intestate’. Your estate will then be distributed in accordance ‘with the laws of the country where you live’.

For Muslims living in non-Islamic countries and countries that do not follow Sharia Law, such as the UK, and wish their estate to be distributed according to Islamic law, it is necessary to write a valid Will because the law of intestate succession in non-Islamic countries is very different from the Islamic law of succession.

For instance, in the UK the intestacy provisions provide for the following:-

Married couples; If you die without having a valid Will in place, you would die intestate. If you are married, or in a civil partnership, your spouse/civil partner, would inherit the first *£270,000 of everything you own, plus half of everything above that amount. The surviving spouse or civil partner will also inherit all personal belongings.

If someone dies, leaving a surviving spouse/civil partner and children, then again, the first £270,000 of the estate would pass to the surviving spouse/civil partner, plus half of the rest of the estate. The other half of the rest of the estate will go to the surviving children.

If someone dies, with no surviving spouse or is divorced, then the child/children would inherit the whole estate.

For a full breakdown, please see our further guidance on the intestacy provisions as this depends on who is surviving in your 'blood family' on death.

The Islamic law of inheritance is so important in Islam and to Muslims that Allah also gave details of inheritance share in the Quran itself. This emphasised the importance of the obligation regarding inheritance shares. It is the accepted position that where Allah ‘decrees a matter’ a true Muslim does not have an option whether to obey a command or not. So, it is crucial that Muslims fully understand the law on inheritance and ensure a Will is created to reflect in any non-Islamic countries to reflect that, as the ‘UK’ laws on intestacy for instance do not follow the same rules on intestacy set out in the Quran. As such it is important to instruct a Solicitor or Will writer who understands and can appreciate these rules also.

The typical intestacy provisions under Islamic law provide as follows:-

1/3 of a Muslims estate can pass to either a charity or someone that is not automatically entitled a share of inheritance as set out under Sharia Law. For example, if the testator wishes to provide 25% to a friend/distant relative not already entitled, then the remaining 75% of their estate is distributed amongst those entitled under Sharia Law.

It is important to note that under Sharia Law, non-Muslim relatives are not entitled to receive inheritance, however, they may receive a fraction of the 1/3 that the testator is free to bequeath to whom they wish to. This is particularly relevant for reverts.

For more information on how this works, please visit our article on 'How Islamic Inheritance Works'

So, as you can immediately note, there are very significant differences.

Further, an Islamic Will can only be written in countries (jurisdictions) where the Testator (person making the Will) has the appropriate testamentary freedom to do so. This is understandably also the case where a Testator wishes to make a typical UK Will.

The typical clauses you would find in addition to a standard English Will deal with a declaration of faith, donation wishes, funeral wishes and the gift of the estate in accordance with Sharia Law.

*Figure correct as of 20th January 2023.