What is inheritance in Islam?
Thinking about the departure of a loved one back to Allah (SWT) is a challenging, emotional time. What’s more, sorting out an Islamic Will in accordance with the Islamic rules of inheritance can also be a daunting task.
What is an Islamic will?
An Islamic will is a legally-binding document that stipulates to whom a person will be leaving their assets (property, possessions, money) upon their return to Allah (SWT).
This will take into account two groups of people:
- Ascendants: Including your spouse (husband/wife) and parents
- Descendants: Your children, grandchildren, and siblings (full siblings and half-siblings)
A will can also include bequests for charitable purposes.
Find out more information on the rules of inheritance in Islam.
Meaning of Wasiyyah in Islam
Wasiyyah or Wasiya in Islam is the declaration a person makes whilst alive regarding their property and the arrangements according to Islamic law to be carried out after their death. Therefore, this is akin to a “will” in British law.
What is the law for wills in Islam?
In Islam, a will must be made by the person whilst they are alive. A will is made for the purposes of arranging ones property and assets, after their death, for the benefit of others or for charitable purposes.
“It is the duty of a Muslim who has anything to bequeath not to let two nights pass without writing a will about it.”
Hadith | Bukhari
Therefore writing Islamic wills is incredibly important in an Islamic context.
How to create an Islamic will that is legal in the UK
You can create a will on your own, however consulting a solicitor for legal advice is advisable.
In order to create an Islamic will that is legal in the UK, you must meet the following conditions according to UK law:
- You must be 18-years-old or over
- You must be of sound mind
- Your will must be in written form (oral declarations are not legally-binding)
- You must state that you are the author of the will
- You must legally declare that this is your last will – meaning that any other wills are now invalid
- You’ll need to sign and date the will in the presence of two witnesses
- Neither of the witnesses can be your spouse or beneficiaries of the will
For full legal guidance, we recommend you consult a solicitor. For Islamic guidelines, a scholar will be able to give Sharia-complaint advice.
What is inheritance in Islam?
Inheritance in Islam is property/funds (assets) transferred from a deceased family member to their loved ones.
Wasiyyah is an Arabic term that describes the declaration a person makes whilst alive regarding their property, as well as the arrangements according to Islamic law to be carried out after their death. This is akin to a “will” in British law. Laws around inheritance in the Islamic tradition are derived from instructions in the Qur’an and through the Sunnah (teachings and ways of the Prophet Muhammad peace and blessings be upon him).
Islamic inheritance law (Faraid)
In Islam, a will must be made by the person whilst they are alive for the purposes of arranging their property/assets after their death. This is done for the benefit of others or for charitable purposes.
Whilst you can compile a will on your own, it is recommended that you consult a solicitor for legal advice. In order to create an Islamic will that is legal in the UK, you must meet the conditions of UK Inheritance law.
In the Islamic tradition, inheritance law is derived from the Qur’an and the Sunnah (ways and teachings of the Prophet peace and blessings be upon him). Most of these laws appear in Surah Nisa:
“From what is left by parents and those nearest related, there is a share for men and a share for women whether small or large—a fixed share.”
Qur’an | 4:7
There are strict and uniform interpretations and guidelines around inheritance, so seeking professional help and advice when compiling an Islamic will is paramount.
How does UK inheritance law work with Islamic sharia law?
In the Islamic tradition, the Shariah outlines how inheritance is to be distributed after a Muslim’s death. These distribution laws are not something that can be amended according to individual preference. Under domestic law, one’s estate and assets are distributed according to the individual preference of the deceased as outlined in their will – this is the primary difference between an Islamic will and conventional will.
However, an Islamic will is binding as long as it is both Shariah and domestic-law compliant. If an Islamic will is found to be invalid, a Muslim’s inheritance will be distributed in accordance solely with the rules of intestacy (i.e., the laws that apply from the law of the land) – this of course differs from country to country.
The importance of inheritance planning in Islam
Creating a will and inheritance planning is a key feature of living an Islamic lifestyle. In fact, preparing for one’s death and compiling a will is obliged of every Muslim throughout their lifetime.
In the Qur’an, Allah (SWT) says about inheritance planning:
“Prescribed for you when death approaches [any] one of you if he leaves wealth [is that he should make] a bequest for the parents and near relatives according to what is acceptable – a duty upon the righteous.”
Qur’an | 2: 180
The Prophet Muhammad (peace and blessings be upon him) also mentioned how frequently Muslims are to tend to their will:
“It is the duty of a Muslim who has anything to bequeath not to let two nights pass without writing a will about it.”
(Bukhari)
When a Muslim dies, they must ensure that the following is taken care of through their will:
- Making sure that the will is in accordance with the Shariah
- The thorough execution of a Muslim’s will
- Making sure that the debts of a Muslim are paid
- Ensuring that any Kaffarah is paid (any missed fasts/penalty payments – this varies between Islamic schools of thought or Madhhabs)
- Making sure that funeral costs are accounted for
