Islamic Wills and Inheritance in the UK: Sharia Shares and English Law

Islamic wills and inheritance in the UK sit at the meeting point of two systems: Sharia, which fixes shares for named heirs, and the law of England and Wales, which gives you almost complete freedom over who inherits. A well-drafted Islamic will uses that freedom to follow Sharia, and it is fully valid here when it meets the ordinary formalities.

The part most guides gloss over is tax. Because Sharia sends fixed shares to children and parents rather than everything to a spouse, an Islamic estate often cannot rely on the unlimited spouse exemption, so inheritance tax can fall on the first death. This page sets out the shares, the one-third rule and that tax question with a worked example. Figures are for England and Wales and are subject to change.

What is an Islamic will (Wasiyyah)?

An Islamic will, or Wasiyyah, is a will that directs your estate to be distributed according to Islamic inheritance rules after your debts and funeral costs are paid. It names the fixed heirs set out in the Qur'an, applies the shares calculated under faraid, and can leave up to one third to others. In the UK it is an ordinary will in legal form, written to produce a Sharia outcome.

The document usually also appoints executors (a wasi), names guardians for children, and records funeral wishes. It is the practical tool that stops UK intestacy rules, which take no account of Sharia, from deciding who inherits.

Is an Islamic will legally valid in England and Wales?

Yes. An Islamic will is legally valid in England and Wales as long as it meets the same formal requirements as any other will under the Wills Act 1837. English law lets you leave your estate to whomever you choose, so it does not object to a will that follows Sharia shares, including a larger share to a son than a daughter.

For the will to be valid, it must meet each of these conditions.

1. You are aged 18 or over and have the mental capacity to make a will.
2. The will is in writing.
3. You sign it, or direct someone to sign it in your presence, intending by that signature to give effect to the will.
4. Two witnesses are present when you sign, and each then signs in your presence. A witness, and a witness's spouse, cannot inherit under the will, so choose witnesses who are not beneficiaries.

Source: gov.uk, making a will, as at August 2026, subject to change.

One limit applies to every will, Islamic or not. Under the Inheritance (Provision for Family and Dependants) Act 1975, a spouse, child or dependant who is left without reasonable financial provision can ask a court to vary the estate. A Sharia distribution that leaves a spouse a small fixed share can be challenged on that ground, which is worth taking advice on when you draft. See our guide on how to write a will for the underlying formalities.

How is a Muslim estate divided under faraid?

Under faraid, fixed fractions of the estate pass to a defined list of heirs, mainly the spouse, children and parents, after debts, funeral costs and any valid bequest. The exact share each person receives depends on which heirs survive and on the school of jurisprudence followed, so the figures below are the common Sunni shares and should be confirmed by a scholar for your family.

Source: Qur'an 4:11 to 4:12 (Surah an-Nisa). Shares vary by surviving heirs and by school; a faraid calculation should be checked with a qualified scholar.

The 2:1 ratio between a son and a daughter is the point people ask about most. English law permits it because you are free to divide your estate as you wish, but the will has to state the shares clearly, because the court will not read Sharia into a will that is silent.

What is the one-third rule for bequests?

The one-third rule means you can leave up to one third of your estate as a discretionary bequest (Wasiyyah) to people or causes that are not fixed heirs, such as charity, a grandchild, or a friend. The remaining two thirds, at least, must pass to the fixed heirs in their faraid shares. A bequest above one third, or one made to an existing fixed heir, generally needs the other heirs' consent to be valid under Sharia.

This one third is where most planning happens. Sadaqah jariyah, zakat owed at death, and gifts to relatives who would otherwise inherit nothing all come from it. Because English law imposes no such cap, the limit is a Sharia rule you build into the will, not one the UK courts enforce.

What happens if a Muslim dies without a will in the UK?

If a Muslim dies without a will in the UK, the intestacy rules of England and Wales decide who inherits, and they take no account of Sharia. A surviving spouse takes the first £322,000 (the statutory legacy for deaths on or after 26 July 2023) plus half of anything above it, with children sharing the rest. Parents, who are fixed heirs under Sharia, usually receive nothing.

An unmarried partner, including a spouse in a nikah-only marriage that was not also registered under UK law, has no automatic right at all. For most Muslim families the intestacy outcome is both un-Islamic and not what they would have chosen, which is the core reason to make a will.

Source: gov.uk, intestacy rules, as at August 2026, subject to change.

How does inheritance tax affect an Islamic will?

Inheritance tax can hit an Islamic estate harder on the first death than a conventional one, because Sharia gives the spouse only a fixed share and sends the rest to children and parents. Gifts to a spouse or civil partner are exempt without limit, but gifts to children and parents are not, so they use up the allowances and anything above is taxed at 40%. This is the trade-off most Islamic will guides do not spell out.

The UK allowances, all frozen until 5 April 2031 (extended at the Budget on 26 November 2025), are a £325,000 nil-rate band (NRB) and a residence nil-rate band (RNRB) of up to £175,000 where a home passes to direct descendants such as children or grandchildren. The RNRB tapers away by £1 for every £2 of estate above £2,000,000. A worked example shows what this means in practice.

Source: gov.uk, Inheritance Tax, as at August 2026, subject to change. Illustration only; the home is assumed to pass to the children so the RNRB applies.

The gap is not a reason to abandon Sharia shares. It can often be managed by using the discretionary one third and lifetime gifts (Hibah) within the annual £3,000 and £250 exemptions and the 7-year rule, or by taking out life insurance written in trust so the payout sits outside the estate and can fund the tax. Our inheritance tax overview explains how the bands and reliefs work.

Two further changes reach Muslim business and pension owners. From 6 April 2026, business and agricultural relief is capped at 100% on the first £2,500,000 of qualifying assets per person, transferable to £5,000,000 for a couple, with 50% relief above that (announced 23 December 2025). From 6 April 2027, unused pension funds come into the estate for inheritance tax. Both interact with Sharia distribution and are covered in our inheritance tax planning strategies guide.

How do you make a valid, Sharia-compliant will?

Making a will that is both valid under English law and correct under Sharia is a short, ordered process. The aim is one document that satisfies the Wills Act 1837 and produces the faraid shares your family expects, with the tax position understood before you sign.

1. List your assets and debts, including property, savings, pensions, business interests and any zakat owed, and note what is jointly owned.
2. Have the faraid shares calculated for your likely heirs, ideally by a scholar or a recognised Islamic inheritance service, so the fractions are correct.
3. Decide your discretionary bequests within the one-third limit, for charity or for people who are not fixed heirs.
4. Check the inheritance tax position, especially the first-death charge, and plan how any tax would be funded.
5. Have the will drafted to state the shares in clear figures, then sign it before two independent witnesses who are not beneficiaries.
6. Appoint executors and, if you have young children, guardians, and store the will safely. Review it after any marriage, birth, death or major asset change.

If assets sit in more than one country, a single English will may not be enough, and a separate local will can speed up the process abroad. See our guide on international and cross-border estate planning, and consider a lasting power of attorney so someone you trust can act if you lose capacity in later life.

Frequently asked questions

These are the questions we are asked most about Islamic wills and inheritance. Each answer reflects the law of England and Wales, current to the November 2025 Budget, and describes general rules rather than advice on your own estate or your school's faraid calculation.