📜 Islamic Funeral Guide
Writing an Islamic Will in the UK
A UK Islamic will must satisfy two systems at once: English law (written, signed, witnessed by two independent adults under the Wills Act 1837) and Islamic law (up to one third as wasiyya to non-heirs or charity; the remainder by the fixed Quranic shares). Without a will, English intestacy rules decide instead — and they follow neither.
Last updated
The wasiyya third, the Quranic shares, guardians for your children, and the witnessing rules that make it legally binding — everything a UK Muslim needs to get this done.
"It is not right for a Muslim who has anything to bequeath to spend two nights without having his will written down with him."
— Sahih al-Bukhari & Muslim
Why a UK Muslim Specifically Needs One
In a Muslim-majority country, Islamic inheritance law may apply by default. In England and Wales it never does. Die without a will here and the intestacy rules decide — a fixed legal formula that gives everything to your legal spouse and bloodline in set amounts, follows no Quranic share, gives nothing to a nikah-only partner, and leaves nothing to charity. The Quran sets out the shares in detail (Surah an-Nisa 4:11–12) — but the only way to make English law follow them is to write them into a valid will.
How an Islamic Estate Is Distributed
In this order — your will should mirror it
- 1
Funeral costs and debts
Burial expenses and outstanding debts are settled first, before any distribution — including any unpaid mehr owed to a surviving wife, which counts as a debt.
- 2
The wasiyya — up to one third
You may leave up to one third of what remains to anyone outside the fixed heirs: charity, a friend, a non-Muslim relative, or a relative who inherits nothing under the fixed shares (such as an adopted child or grandchild whose parent predeceased you). Beyond one third requires every heir’s consent.
- 3
The fixed Quranic shares
The remainder goes to the heirs by the shares set out in Surah an-Nisa — spouse, parents and children in defined fractions, with the male receiving the share of two females in the direct line. See the inheritance guide for the full table.
- 4
Anything left over
If any residue remains after the fixed shares, it passes to the closest male relatives (residuary heirs). A well-drafted will covers every possibility so nothing falls to intestacy.
Making It Legally Valid in England & Wales
Section 9, Wills Act 1837 — how a will is signed is everything
-
In writing
Typed or handwritten — no video or voice wills. The document itself must exist on paper.
-
Signed by you
Your signature, made with the intention of giving effect to the will. Wet ink on paper — electronic signatures are not valid for wills.
-
Two witnesses, present together
You sign (or acknowledge your signature) in front of two witnesses who are both present at the same time, and each then signs in your presence.
-
Witnesses must not be beneficiaries
A witness who inherits under the will forfeits their gift — the will stays valid but their share fails. Use independent adults: friends, colleagues, neighbours. Executors may witness if they are not also beneficiaries.
-
Keep it safe and tell your executors
The original matters. Store it somewhere fireproof and tell your executors exactly where — a will nobody can find is a will that does not exist.
What Your Islamic Will Should Cover
🧑⚖️
Executors
Name at least two trustworthy executors (plus a substitute) who will gather the estate, pay debts and distribute by your will.
👶
Guardians for children
Appoint guardians for children under 18 — without a will, a court decides who raises them.
🕌
Funeral wishes
Record ghusl, janaza and burial wishes — burial not cremation, facing the qibla — so nobody hesitates on the day.
🎁
The wasiyya third
Specify your charitable bequests and gifts to non-heirs, capped at one third of the estate.
⚖️
The Quranic shares
Split the residuary estate by the exact fractions of your heirs — the service you use must allow exact percentage splits.
📿
Unpaid religious dues
Direct executors to settle outstanding Zakat, missed fasts requiring fidyah, or an unperformed Hajj from the estate.
When an Online Will Is Not Enough
Be honest about complexity. See a solicitor — ideally one experienced with Islamic wills — if you own a business or shares in one, hold property abroad, have children from more than one relationship, expect a dispute, want to exclude a dependant, or your estate is near the inheritance tax threshold. The Quranic shares can interact with English tax law in ways that need proper planning; a specialist solicitor is worth the fee in exactly those cases, and unnecessary in the rest.
Whatever route you take, do not leave it undone. An imperfect will signed and witnessed today protects your family more than a perfect one you never write.