An Islamic will is an ordinary, legally valid will that also directs your estate to be distributed in line with Islamic inheritance principles. In England and Wales you have testamentary freedom, so a properly written will can follow Sharia, but the distribution only happens if that will is validly made, because the intestacy rules that apply when there is no will do not follow Islamic law.
This guide explains what an Islamic will is, how the fixed shares (faraid) and the bequest allowance (wasiyya) are commonly understood, how to make the document legally binding under the law of England and Wales, and how inheritance tax applies in the same way as it does to any other estate. Figures are current as at August 2026 and are subject to change. This is general information, not religious, legal or tax advice.
What is an Islamic will?
An Islamic will, sometimes called a Sharia will or by the Arabic term wasiyya, is a will that arranges for a person's estate to pass in accordance with Islamic inheritance rules. In practice it is a normal English will document, drafted so that the named beneficiaries and their shares reflect those rules. It can also record wishes on funeral arrangements and the appointment of guardians and executors. The estate planning question is not whether faith and English law conflict, because English law lets you leave your estate broadly as you wish, but whether the will is drafted and executed correctly so that those wishes take effect.
Why a written will matters for Muslim families
If a person dies without a valid will, the estate is shared out under the statutory intestacy rules, which do not reflect Islamic principles. Under those rules an unmarried partner inherits nothing, a surviving spouse can take a large fixed sum plus a share of the rest, and more distant relatives who would receive a share under Islamic rules may receive nothing at all (gov.uk, intestacy rules, as at August 2026, subject to change). There is also no recognition of "common law marriage" in England and Wales. For a family that wishes its estate to follow Sharia, a written will is the mechanism that makes that possible, and without one the default rules apply instead.
How Islamic inheritance shares are commonly understood
Islamic inheritance is a religious framework rather than a set of figures published by the government, and the precise application can depend on the school of thought and on individual scholarly guidance. Most Islamic wills reflect a broadly agreed order. First, funeral costs and any debts are paid. Then a portion may be given away as a discretionary bequest. The remainder is divided among heirs in fixed proportions.
- Prior claims. Funeral expenses and outstanding debts are generally settled before anything is distributed, which mirrors how any estate is administered in England and Wales.
- The bequest (wasiyya). Up to one third of the remaining estate may commonly be left as a discretionary gift, often to people who are not fixed heirs or to charity. Fixed heirs are typically provided for through their set shares rather than through this bequest.
- Fixed shares (faraid). The rest is divided among heirs such as spouses, children, and parents in set proportions. Because these proportions depend on who survives, many families ask a scholar or a knowledgeable adviser to confirm the split before the will is drafted.
Because the exact shares turn on family circumstances and religious guidance, this guide does not set out specific fractions for every situation. Many people confirm the intended distribution with their imam or an Islamic scholar, then have a will drafted so the document reflects it accurately.
Making an Islamic will legally valid in England and Wales
For a will to be legally valid in England and Wales, the same formal requirements apply whatever the beliefs behind it. The person making the will must be aged 18 or over and of sound mind, the will must be in writing, and it must be signed in the presence of two witnesses who each also sign it (gov.uk, making a will, as at August 2026, subject to change). A practical point that catches families out is that a witness, or the husband or wife of a witness, cannot benefit from the will, so witnesses are usually chosen from outside the group of intended heirs.
| Requirement | What it means |
|---|---|
| Age and capacity | Aged 18 or over and of sound mind when the will is made. |
| In writing | The will must be a written document. |
| Signature | Signed by the person making the will (or at their direction). |
| Two witnesses | Signed in the presence of two witnesses, who each sign it too. |
| Independent witnesses | A witness, or their spouse, cannot inherit under the will. |
Source: gov.uk/make-will, as at August 2026, subject to change.
Getting these formalities right is what turns an intended Sharia distribution into one the courts will uphold. A will that expresses clear Islamic wishes but is not signed or witnessed correctly can fail, at which point the intestacy rules would apply instead.
Islamic wills and inheritance tax
Inheritance tax applies to an estate in exactly the same way whether or not the will follows Islamic principles. The standard rate is 40%, charged only on the part of an estate above the available tax-free thresholds, and a reduced rate of 36% can apply where at least 10% of the net estate passes to charity (gov.uk, as at August 2026, subject to change). A charitable bequest made as part of the wasiyya to a registered charity can also be exempt in its own right (gov.uk, gifts and exemptions, as at August 2026, subject to change).
| Allowance or rate | Level (August 2026) |
|---|---|
| Nil-rate band | £325,000 |
| Residence nil-rate band | Up to £175,000 |
| Standard rate | 40% |
| Reduced rate (10%+ to charity) | 36% |
| Taper threshold (residence band) | £2,000,000 |
Source: gov.uk/inheritance-tax. These allowances and the £2,000,000 taper threshold are frozen until 5 April 2031 (gov.uk, Rates and allowances: Inheritance Tax thresholds and interest rates, as at August 2026, subject to change). The residence band is reduced by £1 for every £2 by which an estate exceeds £2,000,000.
One point is worth understanding for Islamic wills specifically. Transfers between a married spouse or civil partner are generally exempt from inheritance tax without limit, but Islamic distribution usually gives a surviving spouse only a portion of the estate, with the rest passing to children and other relatives (gov.uk, spouse and civil partner exemption, as at August 2026, subject to change). That means more of the estate may pass outside the spouse exemption and rely on the nil-rate bands and other reliefs. The residence nil-rate band can still apply where a home passes to children or other direct descendants, which many Islamic distributions do. The interaction of religious shares and available reliefs is one area where households with larger estates often take tailored advice. A wider view of the tax position is set out in the guide to inheritance tax.
Beyond the will: gifts, attorneys and wider planning
An Islamic will sits within a broader plan. Lifetime giving during good health, which some link to the practice of sadaqah, can use the annual exemption of £3,000 and small gifts of £250 per person, and larger gifts fall outside the estate if the giver survives seven years (gov.uk, gifts, as at August 2026, subject to change). A lasting power of attorney lets someone you trust manage your affairs if you lose mental capacity during your lifetime, and each type is registered with the Office of the Public Guardian for a fee of £92 (gov.uk, as at August 2026, subject to change; a reduction or exemption may apply on low income or certain benefits). Families also review how later-life care fees might affect what remains to distribute. Fixed fees for these documents are set out on the pricing page.