Inheritance in Islam

“Work for this world as if you would never die, and work for the hereafter as if you would die tomorrow,” is generally attributed as a saying of Amr ibn As, who was an Arab commander and companion of Prophet Muhammad (SWS). This saying reinforces the duty of a Muslim who has anything to bequeath to write an Islamic will to enable their family members to receive their inheritance under Sharia law.

The Islamic inheritance laws stem from some of the verses in the Quran and Sunnah, the traditions and practices of Prophet Muhammad (SWS).

If a Muslim passes away intestate, then under Sharia law their assets would be distributed among two groups of people in prescribed proportions under the rules of intestacy. The first group is ascendants including their parents and lawful spouse and the second group is descendants who are their children, grandchildren and siblings, including half brothers and sisters.

The succession rules are slightly different for Sunnis and Shias, but in general, a husband would inherit one-quarter of his wife’s estate if there were children and one-half if there were not. A wife would inherit one-eighth of her husband’s estate if there were children and one-quarter if there were not. Surviving parents and children would also inherit, and in many cases, other relatives, including siblings, grandparents and grandchildren would also receive a share of the estate. Males would receive twice as much as females.

It is however possible to make an Islamic will to leave up to one third of the estate to charities or individuals who would not benefit under the succession rules of intestacy.

In rare situations where a Muslim has no relatives close enough to inherit under Sharia succession rules, it is possible for that person to dispose freely of the whole of their estate in their will.

Islamic Wills

A declaration which can be made by a Muslim is called ‘Wassiyah’ and stipulates the distribution of their assets including bequests to charities.

As well as varying the distribution of the estate under Islamic intestacy rules, making an Islamic will also enables Muslims to ensure that necessary arrangements are in place for payment of burial costs and debts as well as paying Kaffarah by way of atonement or expiation for breaking a significant religious obligation without a valid reason.

Laws of England and Wales and Sharia compliant wills

If a Muslim living in England and Wales dies without making a will, their estate will be distributed under the intestacy laws in England and Wales which is likely to be quite different to how it would be distributed under intestacy in Sharia law.

It is therefore important for Muslims to ensure that they make wills which observe Islamic principles. As there is no system of forced heirship in England and Wales, a will made in England and Wales can distribute a person’s estate however they decide. This would allow a Muslim to put in place a will that is Sharia compliant.

It is paramount that Muslims should seek expert advice and assistance from a specialist solicitor or legal adviser in order to ensure that they make valid wills which will distribute their estate in the way that they consider is most appropriate.

For more information, please contact Kivanc Yunvanc at k.yuvanc@rfblegal.co.uk and 020 7467 5753, or Devorah Ormonde at D.Ormonde@rfblegal.co.uk and 020 7613 7141.