British Muslims face a particular tension when planning their estates. Islamic law — faraid — assigns fixed, non-negotiable shares to a deceased's spouse, parents, children and other relatives. UK succession law, meanwhile, gives most people broad freedom to leave their property however they wish, but surrounds that freedom with rules that can quietly undo an Islamic distribution if you are not careful. This guide explains how the UK system works, where it clashes with the Qur'anic shares, and how a properly drafted Sharia-compliant will brings the two together. It is educational only — for your own arrangements you should instruct a solicitor who specialises in wills and probate, ideally one familiar with Islamic estate planning.
Testamentary Freedom — but Not Everywhere in the UK
In England and Wales, the foundation is testamentary freedom: there is no forced heirship, so you may in principle leave your estate to whomever you choose. This is what makes a Sharia-compliant will possible — a valid will can direct the estate to exactly the heirs faraid names, in the proportions faraid requires. Scotland is different. Scots law preserves "legal rights" (sometimes called legitim), a form of forced provision that entitles a surviving spouse or civil partner and children to fixed portions of the deceased's moveable estate (cash, investments, possessions — though not land and buildings), regardless of what the will says. A Scottish Muslim's plan therefore has to account for the fact that certain relatives can claim legal rights even against a will written to follow Islamic shares, which is one reason Scottish estates need specialist advice.
"It is prescribed, when death approaches any of you, if he leaves any goods, that he make a bequest to parents and next of kin, according to reasonable usage — this is due from the God-fearing."
— Qur'an, Sūrat al-Baqarah 2:180
What the Intestacy Rules Do — and Why They Contradict Faraid
If you die without a valid will, the intestacy rules decide who inherits, and they follow Parliament's policy rather than Islamic shares. In England and Wales, a surviving spouse or civil partner takes the personal possessions, a substantial fixed "statutory legacy", and then half of anything remaining, with the children taking the rest; if there are no children, the spouse can take the entire estate. Crucially, parents inherit only when there is no spouse and no children — yet faraid guarantees each surviving parent a one-sixth share even when a spouse and children survive. Unmarried partners receive nothing automatically, however long the relationship. The mismatch is fundamental: intestacy will almost never reproduce the Qur'anic distribution. Our companion article on dying without a will as a Muslim sets out these consequences in more detail.
The Inheritance Act 1975: The Risk to a Sharia Will
Even a valid Islamic will is not entirely beyond challenge. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people — a spouse or former spouse, a cohabiting partner of at least two years, children, and others the deceased was maintaining — can apply to the court for "reasonable financial provision" if the will (or the intestacy rules) fails to provide for them. This matters for Islamic estate planning because faraid sometimes gives a particular relative a smaller share than UK law might consider "reasonable" — for example a daughter receiving half a son's share, or a non-Muslim relative excluded under classical rules. Such a person could potentially bring a 1975 Act claim.
How families manage the 1975 Act risk
This risk is real but manageable. Solicitors experienced in Islamic wills often address it through a clear, well-drafted will accompanied by a letter of wishes explaining the religious basis of the distribution, by making lifetime gifts, by using trusts, and sometimes by ensuring adequate provision is made for anyone who might otherwise have grounds to claim. The right combination depends on your family circumstances, and getting it wrong can expose the estate to litigation — which is exactly why a specialist solicitor should draft the document.
Inheritance Tax: The Nil-Rate Band and 40%
UK inheritance tax (IHT) is a genuine planning concern, separate from the question of who inherits. Broadly, an estate is taxed at 40% on its value above the nil-rate band of £325,000. An additional "residence nil-rate band" can increase the tax-free amount where a home passes to direct descendants, and transfers between spouses or civil partners are generally exempt, with unused allowances transferable to a surviving spouse. The thresholds and reliefs are technical and subject to change. The important point for Muslims is that IHT planning and faraid are compatible: you can arrange your affairs to reduce tax — through lifetime gifts, trusts and reliefs — while still distributing according to Islamic shares. Our inheritance tax calculator gives you an indicative figure, but confirm the current rules and reliefs with a tax adviser or solicitor.
How a Sharia-Compliant Will Works in the UK
A Sharia-compliant UK will is, mechanically, an ordinary will that happens to distribute the estate according to the Qur'anic shares. It must meet the usual formalities — made in writing, signed by you, and witnessed by two independent witnesses who are not beneficiaries — to be valid. Within those formalities, the will names your heirs and their fractions exactly as faraid prescribes, appoints executors you trust to administer the estate faithfully, and (where you have minor children) nominates guardians. Many British Muslims work the Islamic shares out first and then have a solicitor translate them into proper testamentary language. You can model your own family's shares with our inheritance calculator, and read how the document is structured in our Islamic will guide.
Using Trusts and Lifetime Gifts
Beyond the will itself, trusts and lifetime gifts are valuable tools. A trust can hold assets for minor children until they reach an appropriate age, ring-fence property for particular heirs, and help manage both the 1975 Act risk and inheritance tax. Lifetime gifts can pass wealth to heirs before death — potentially outside the estate for IHT after a set period — and can be used to honour Islamic obligations during your lifetime. These structures interact with tax, family law and the rules of faraid in subtle ways, so they should be designed with professional advice rather than improvised. Used well, they let a British Muslim family satisfy the Qur'anic shares, protect vulnerable beneficiaries, and keep tax to the lawful minimum, all at once.
This article is provided for education and general understanding only. It is not legal, tax or financial advice, and it does not constitute a fatwa or binding ruling for any individual case. UK succession law differs between England and Wales, Scotland and Northern Ireland, and tax thresholds and reliefs change over time. Always consult a qualified solicitor — and, where appropriate, a knowledgeable scholar — before acting.
Work out your Islamic shares
See who inherits and how much under faraid before you instruct a solicitor.