Islamic inheritance can be difficult to navigate when someone lives in England or Wales but wants their estate to be distributed in accordance with their faith. In Islam, Faraid sets out fixed inheritance shares for certain relatives. However, those rules are not applied automatically by the courts in England and Wales. If a Muslim dies without a legally valid Will, their estate will usually pass under the English intestacy rules, which can produce a very different outcome from Islamic inheritance.
This guide explains how Islamic inheritance works, who inherits under Faraid, how Islamic inheritance shares are usually calculated, and why a properly drafted Islamic Will is often essential for Muslims in England and Wales. It focuses on the position under the law of England and Wales and is intended as general information only, not advice on any specific estate, family structure or religious ruling.
If you are considering an Islamic Will or need guidance on how Faraid may apply to your family circumstances, you can contact Elite Law Solicitors on 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form.
What is Islamic Inheritance?
Islamic inheritance is the system used to distribute a deceased Muslim’s estate after death. It is commonly known as Faraid, Mirath or the Islamic law of inheritance. In practical terms, it identifies the relatives who are entitled to inherit and, in many cases, gives those relatives fixed shares of the estate.
Faraid inheritance determines who receives what after funeral expenses, debts and any valid discretionary bequests have been dealt with. The exact Islamic inheritance distribution depends on the relatives who survive the deceased. For that reason, assumptions can be risky: the presence or absence of a spouse, children, parents, siblings or more distant relatives can materially change the inheritance shares.
How does Islamic Inheritance work in England and Wales?
In England and Wales, Islamic inheritance rules do not apply automatically. The legal system allows a person to make a Will, provided the Will complies with English law. This means a Muslim can usually leave their estate in a way that reflects Faraid, but those wishes must be recorded in a legally valid Will.
If there is no valid Will, the intestacy rules apply. These are the default inheritance rules under English law and they do not follow Islamic inheritance law. For example, a surviving spouse or civil partner may receive a large part of the estate before children benefit, while parents who would often have a fixed Faraid share may receive nothing if certain closer relatives survive.
The practical point is straightforward: if Islamic inheritance is important to you, a properly drafted Islamic Will is usually the key document that connects your religious wishes with the legal framework in England and Wales.
Why an Islamic Will matters for Islamic Inheritance UK planning
An Islamic Will in England and Wales is not a separate document recognised by a different court. It is an English Will drafted to comply with English law while also giving effect to Islamic inheritance principles. It should identify the executors, explain how the estate is to be distributed, and record any relevant funeral or guardianship wishes clearly enough for those instructions to be followed.
For a Will to be valid in England and Wales, it must satisfy the requirements of section 9 of the Wills Act 1837. In broad terms, it must be in writing, signed by the person making it, and witnessed correctly by two independent witnesses. A beneficiary should not act as a witness, as this can affect their entitlement.
A solicitor can also help reduce the risk of disputes by recording instructions carefully, checking capacity, considering possible claims, and ensuring the drafting is clear. Testamentary capacity is assessed by reference to the long-established test in Banks v Goodfellow, which requires the person making the Will to understand the nature of the document, the extent of their property and the claims of those who might expect to benefit.
Who inherits in Islam?
Who inherits in Islam depends on which relatives survive the deceased. Faraid generally recognises fixed-share heirs, residuary heirs and, where relevant, more distant relatives. Common heirs may include a surviving husband or wife, children, parents and, in some circumstances, siblings or grandparents.
The following examples are simplified and should not be used as a substitute for a full Islamic inheritance calculation:
- A surviving husband may receive one half if there are no children, or one quarter if the deceased leaves children.
- A surviving wife may receive one quarter if there are no children, or one eighth if the deceased leaves children.
- A mother may commonly receive one sixth where the deceased leaves children.
- A father may receive a fixed share and, depending on the family structure, may also receive residue.
- Children frequently inherit the residue, with sons and daughters treated according to the applicable Faraid rules.
These examples show why the calculation is fact-sensitive. A small change in family circumstances can alter the Islamic inheritance shares significantly.
How is inheritance divided in Islam?
Islamic inheritance distribution usually follows a structured order. First, the estate must be identified. This may include property, bank accounts, investments, personal possessions, business interests and other assets. Debts, funeral expenses and any tax due must also be considered before the inheritance shares are applied.
Once the net estate is known, any valid Wasiyyah, or discretionary bequest, may be considered. In many Islamic inheritance arrangements, this is limited to up to one third of the net estate and is usually directed to non-heirs or charitable causes. The balance of the estate is then distributed among the Faraid heirs in the correct shares.
In England and Wales, these religious principles need to be expressed in a way that executors can lawfully administer. A Will that simply states a general wish for “Islamic distribution” may create uncertainty if it does not explain how the calculation is to be made, who should advise on the Faraid shares, or what happens if the family circumstances change before death.
For wider guidance on how Wills, inheritance, tax planning and future decision-making can work together, read our Islamic Estate Planning Guide.
For tailored advice on preparing a legally valid Islamic Will in England and Wales, contact Elite Law Solicitors on 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form.
Islamic Inheritance Rules UK: Common Legal Issues
Intestacy can override Islamic inheritance wishes
If a person dies without a valid Will, their estate is distributed under the intestacy rules. These rules are designed for English succession law and do not replicate Faraid. This can cause distress where family members expected the estate to be distributed according to inheritance in Islam.
Marriage status must be considered carefully
English law distinguishes between civil marriage, civil partnership and religious ceremonies that may not create a legally recognised marriage. This can be particularly important where a couple has had a Nikah ceremony but no civil marriage. The position should be checked carefully because it can affect both English legal entitlement and the intended Islamic inheritance calculation.
Potential claims under the Inheritance Act 1975
Even where a Will is valid, certain people may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they believe the Will, or the intestacy outcome, fails to make reasonable financial provision for them. This does not mean Islamic inheritance cannot be followed, but it does mean an Islamic Will should be drafted with proper consideration of dependants and potential disputes.
Capacity, undue influence and family disputes
Where a Will departs from what some family members expected, disputes may arise. Common challenges include lack of testamentary capacity, undue influence, want of knowledge and approval, or concerns about execution. A solicitor-led process can help create a clear file showing that the person making the Will understood their decisions and gave instructions freely.
How to calculate Islamic Inheritance Shares
An Islamic inheritance calculator can be a useful starting point, but it should not be treated as a substitute for legal advice or religious guidance. Faraid calculations can become complex where there are blended families, adopted children, stepchildren, multiple marriages, lifetime gifts, jointly owned property, business assets or overseas assets.
A careful Islamic inheritance calculation should usually consider:
- The full list of surviving relatives;
- Whether each person is legally and religiously capable of inheriting;
- The assets and debts forming the estate;
- How owned assets pass under English law;
- Whether a discretionary Wasiyyah is intended;
- Whether inheritance tax may affect the estate; and
- Whether there are any family members or dependants who may bring a claim.
For many families, the safest approach is to obtain a Faraid calculation and then ensure the Will is drafted so that the calculation can be implemented correctly under the law of England and Wales.
If you would like help reviewing your family circumstances and considering how Faraid inheritance shares may apply, call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form.
Islamic Inheritance and Estate Planning in England and Wales
Islamic estate planning is not only about naming beneficiaries. It should also consider how assets are owned, who will administer the estate, whether guardians should be appointed for minor children, and what practical steps may reduce the risk of future disagreement.
For example, jointly owned property may pass automatically to the surviving owner depending on how it is held. Pensions and death-in-service benefits may pass under nomination forms rather than under the Will. Overseas assets may be subject to local succession rules. These issues can affect whether the intended Islamic inheritance distribution is achieved in practice.
Good planning should bring together English legal advice, accurate information about the estate, and appropriate Islamic guidance where required. The aim is to create a clear Will that executors can administer, beneficiaries can understand, and families can rely on.
Why choose Elite Law Solicitors for Islamic Will and Inheritance Advice?
Why choose Elite Law Solicitors for Islamic Will and Inheritance Advice?Planning an Islamic Will can feel sensitive and personal, especially where family responsibilities, faith-based wishes and English legal requirements all need to be considered together. Early advice can help you put clear arrangements in place, reduce uncertainty for your family, and ensure your wishes are recorded in a way that can be followed after your death.
Yasmin Hoque is an experienced private client lawyer at Elite Law Solicitors who advises on Islamic Wills and inheritance. She supports clients who want their estate planning to reflect both English law and Islamic inheritance principles, including Sharia compliant Wills, Faraid inheritance shares and practical steps to help those wishes take effect in England and Wales.
If you would like advice about an Islamic Will, Islamic inheritance distribution, or probate following the death of a Muslim family member, contact Elite Law Solicitors to discuss your circumstances. We have received over 1,600 reviews on ReviewSolicitors, providing independent reassurance for clients considering instructing the firm. Call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form.
Frequently Asked Questions about Islamic Inheritance
Do Islamic inheritance rules apply automatically in the UK?
No. In England and Wales, Islamic inheritance rules do not apply automatically. If a Muslim dies without a valid Will, the estate is distributed under the English intestacy rules. To make Faraid effective in practice, the Islamic inheritance instructions should usually be set out in a legally valid Will.
Can an Islamic Will be valid in England and Wales?
Yes. An Islamic Will can be legally valid in England and Wales if it complies with the same legal requirements as any other Will. It must be properly drafted, signed and witnessed. The Islamic inheritance clauses must also be clear enough for executors to administer. For more detail, see our guide: Are Islamic Wills legally binding in the UK?
What happens if family members disagree with Faraid inheritance shares?
Disagreements can arise if beneficiaries expected a different outcome or if the Will is unclear. A properly drafted Will, supported by clear solicitor attendance notes and suitable evidence of capacity, can reduce the risk of disputes. Where a dispute has already arisen, beneficiaries and executors should obtain legal advice promptly.
Is an Islamic inheritance calculator enough to prepare a Muslim Will UK?
An Islamic inheritance calculator may help illustrate likely shares, but it is not usually enough on its own. A Will must comply with English law, deal with executors and practical estate administration, and account for assets such as property, pensions and business interests. Legal advice is especially important where the estate or family circumstances are complex.
Can I leave part of my estate to charity and still follow Islamic inheritance law?
Many Islamic estate plans include a discretionary charitable bequest, often referred to as Wasiyyah. This is commonly limited to up to one third of the net estate, with the remaining estate distributed among Faraid heirs. The wording should be drafted carefully so that the charitable gift is valid, workable and does not create uncertainty.
When should I update an Islamic Will England and Wales?
You should review your Islamic Will after major life events, including marriage, divorce, the birth of a child, the death of a beneficiary or executor, a significant change in assets, or the acquisition of overseas property. Regular reviews help ensure the Will still reflects both your wishes and the applicable legal position.
