Making a Sharia compliant Will
“It is the duty of a Muslim who has anything to bequest not to let two nights pass without writing a Will about it.” Sahih al-Bukhari
If you do not leave a Will, then you are classed as having died ‘intestate’. This means that your estate is dictated under English Law, which does not match the distribution principles set out under Sharia rules. In order to prepare a Sharia compliant Will, it is necessary to understand how the estate is applied under Sharia successor rules in accordance with Quranic requirements:
- The cost of the burial and any debts are paid.
- A third of the estate may be given to charities or individuals who are not obligatory beneﬁciaries — ‘Sadaqa jariya’
- The remainder is given to a set of ‘primary’ beneﬁciaries then to the residuary beneﬁciaries.
It is important to specify in your Will that you wish to be buried in accordance with Islamic principles, as opposed to cremation or donating your body to scientiﬁc research.
If you wish to discuss making a Sharia Will please contact Amjed Zaman, who specialises in cross-border matters, particularly in providing Sharia compliant advice and Wills.
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