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Imagine, for a moment, standing before Allah (ta’ala) on the Day of Judgement. As a final reflection on your worldly life, you are asked: Did you leave a Will, as commanded by the Prophet Muhammad (ﷺ)?
For some, the answer will be a grateful “Yes.” For others, it will be a regretful “No.”
This powerful reflection was at the heart of a recent community presentation we delivered, hosted by Eternal Gardens. We were grateful to every parent, grandparent, carer, professional, and community member who took the time to attend. As a lawyer with over ten years of industry experience, I established Qadar Wills to help Muslims in England and Wales plan their estates in accordance with the Quran and Sunnah.
A Will is not just a legal document; it is an act of faith, stewardship, and responsibility. The Prophet (ﷺ) warned us of the profound consequences of neglecting this duty:
Indeed a man, and a woman, perform deeds in obedience to Allah for sixty years, then death presents itself to them, and they cause such harm in the will that the Fire becomes warranted for them.
Following this, Abu Hurairah recited the verses from Surah An-Nisa (4:12-13):
After payment of legacies he (or she) may have bequeathed or debts, without causing harm. This is a Commandment from Allah… That is the magnificent success.
If you have not yet prepared an Islamic Will, here are several compelling reasons why it should be a priority for you and your family.
1. Protecting Your Estate in Non-Muslim Lands
In England and Wales, the law provides “testamentary freedom”—the right to leave your estate to whomever you choose, subject to certain legal provisions. However, if you die without a Will, the rules of intestacy apply. These default rules dictate how your wealth is distributed and may not align with Islamic inheritance principles.
By creating an Islamic Will, you ensure that your estate is distributed according to your faith, protecting your wealth and ensuring it passes to the rightful beneficiaries rather than unintended third parties or the state.
2. Navigating Inheritance Tax Sensibly
Inheritance Tax can significantly impact the wealth you leave behind. Currently, the first £325,000 of an estate is typically tax-free, but anything above that threshold may be taxed at 40%, depending on various circumstances and available reliefs.
While a Will does not automatically reduce your tax bill, the process of preparing one is a crucial opportunity to review your estate. With proper planning and professional guidance, you can structure your affairs sensibly to manage potential tax liabilities while adhering to Islamic principles.
3. Providing Clarity and Avoiding Disputes
A clearly defined Will is one of the most effective ways to prevent family disputes after your passing. Without a Will, your family is left to guess your true intentions during an already emotional and difficult time. A valid Will provides clear instructions, giving your loved ones peace of mind.
Furthermore, your Will allows you to appoint executors—the trusted individuals who will have the legal authority to administer your estate and arrange your funeral. By clearly naming your executors, you remove ambiguity and help prevent disagreements over who has the authority to make decisions regarding your burial and estate.
4. Addressing Unpaid Obligations and Charitable Giving
One of the most noble acts you can perform is leaving a charitable donation (Sadaqah Jariyah) in your Will. This ongoing charity continues to benefit you even after you have passed.
Additionally, a Will provides a mechanism to address any unpaid religious obligations, such as missed Zakat. In the absence of a central Islamic authority to collect Zakat, many of us do our best during our lifetimes but may still fall short. A Will allows you to instruct your executors to settle these obligations from your estate before the remaining assets are distributed.
What Are Your Next Steps?
Taking action today can provide immense relief for you and your family tomorrow. We recommend the following steps:
- Open a conversation with your family: Discuss your intentions and the importance of an Islamic Will with your loved ones.
- Prepare a Will with a specialist: Ensure your Will is drafted correctly to comply with both Islamic principles and the laws of England and Wales.
- Review your existing Will: If you already have a Will, review it regularly—especially after major life events like marriage, the birth of a child, or buying a house—to ensure it remains up to date.
- Talk to us: If you need guidance, reach out to a specialist who understands both the legal and religious requirements.
For Muslim families in Maidstone, across Kent, and throughout England and Wales, Qadar Wills is here to help. We can discuss your options and whether a home visit is suitable for your circumstances.
Contact the team today to begin the conversation and secure your family’s future.