Islamic law of inheritance is very precise and the way to ensure this is observed is to have an appropriate Islamic Will. A will is a written expression by the testator or testatrix regarding the way he or she wants his/her estate to be distributed after his/her death. Under UK law we have the freedom of testation doctrine which allows a person to distribute his/her estate as per his/her wishes, provided the content is not against public policy, or failure to look after one's dependent by disinheriting him or her.

If person dies without a will this is known as intestacy and the distribution of the estate might become complicated and there will be violation of shariah. However when a will is left by the deceased this is known as testacy. Such a will need to satisfy some criteria as spelt out in the Wills Act of 1857 to be valid. The will should be signed, be witnessed by 2 persons etc. Once a Will is drafted it should be kept safely. However, a will should be revisited in case some important events take place in one's life such as birth of a new born, divorce, marriage etc.

Islamically one should consider having a bequest which is limited to a maximum of one third of the net estate of the deceased. Inheritance (mirath) is predetermined already and the deceased has no say in it. On the other hand a wasiyyah (bequest) is a special favour given to a Muslim to compensate for his/her shortcomings or to do a sadaqah jariyyah or to provide for those who are not legal heirs. The bequest will form part of the will.

Video 1 of 3 – Importance of wills and bequest in Islam | Shaikh Faizal Manjoo | Islamic Foundation

Video 2 of 3 – Main clauses to consider when drafting an Islamic will (Part 1) | Shaikh Faizal Manjoo

Video 2 of 3 – Main clauses to consider when drafting an Islamic will (Part 2) | Shaikh Faizal Manjoo