INTRODUCTION TO ISLAMIC INHERITANCE

Many Muslims in the United Kingdom are interested in having their estate distributed in accordance with the teachings of Islam after their deaths. One of the main reasons is that Muslims believe that this will have beneficial results for them on the other side of death in the hereafter.

If a Muslim dies intestate (without a Will) in the United Kingdom, the domestic laws of intestacy will be applied. The criteria applied by virtue of these laws are not the same as those applied under Islamic law.

Under the Islamic law, a Muslim does not have full testamentary freedom. According to the Quran, two-thirds of a person’s estate must be left to Muslim heirs depending upon who survives. Shares are fixed according to the Quran and they cannot be amended.

The Muslim testator has full testamentary freedom regarding the remaining one-third share which can be left to other family members, charities and non-Muslims by way of the Bequest (Wasiyyah).

Who cannot inherit from a Muslim but can be included in Bequest (Wasiyyah)

1. Adopted children
2. Non-muslim
3. Daughter’s children
4. Sister’s children
5. Brother’s daughters
6. Maternal brother’s children
7. Maternal daughter’s children
8. Mother’s brothers
9. Father’s sisters
10. Mother’s father (maternal grandfather)
11. All in-laws
12. Share no birth parents with diseased
1. Step-Mother
2. Step-father
3. Step brothers
4. Step sisters
13. Ex-wife (or ex-wives)