Five Reasons Why Every Muslim Should Make an Islamic Will

This article outline five key reasons, why every Muslim should not think twice about making an islamic Will.

Testamentary freedom is something that is available to every individual in the UK. Testamentary freedom is where, a ‘testator’ can make a Will and bequeath their wealth to whomsoever they wish, in theory. Thanks to testamentary freedom, Muslims are able to carry out their obligations in accordance with the Holy Qur’an. The particular verse is Surah An-Nisa known as “The Womenfolk”.

One of the biggest reasons why you should hasten to make a Will is because you will otherwise die intestate. When someone dies intestate, something known as the rules of intestacy will apply. 

These rules potentially take testamentary freedom out of the hands of a deceased person. Unsurprisingly these rules are not sympathetic to the obligations of a Muslim.  This is because, you may inadvertently bequeath your estate to individuals other than those specified in Chapter 4. This can have dire consequences for one’s hereafter. Which after all is what every Muslim is striving for. In addition, preparing a Will can help an estate avoid tax liabilities.

Often overlooked, a Will is a good opportunity to appoint guardians of any infant children you leave behind. Appointments take effect upon the death of both parents.  A parent has the opportunity to potentially take the decision-making of the appointment out of the hands of a court. This is important because, a court is unlikely to necessarily act in the best interests of a Muslim child. You will influence a court if you make a valid appointment in your Will.

In a world of ever-increasing inflation and cost-of-living crisis, the value of property seems to always be rising. The increased value of assets comes with the prospect of ever increasing liability to inheritance tax. A well drafted Will can help you plan your estate so that more passes to your heirs. Crucially, the less passes to the taxman, all without necessarily compromising your islamic values.

The named executor in the Will has automatic authority to handle a deceased person’s affairs. Without a valid Will, there is no default person(s) with legal authority to act. Consequently, an application to the court for the appointment of an administrator is likely to be necessary.

This is particularly important in times of dispute as to how to give a deceased Muslim the correct ‘send-off’. Making a court application to administer an estate takes time and can involve the expense of instructing a probate lawyer. However, one of the main functions of an administrator/executor is the arrangement of the funeral. So by preparing a Will in advance of death, you avoid the confusion as to who will handle the funeral. You can also remove delay of a “paper application”.

I recommend that all Muslims have a serious conversation as to where they should be buried. Services like Eternal Gardens can offer packages to give certainty to a family upon the demise of a loved one.

You might consider making a Will a type of halal insurance. An insurance that in the overwhelming majority of cases, pays out.  It is particularly important for those Muslims who live in the West where the rules of intestacy are apply.

The above are just some of the reasons why every Muslim should make an Islamic Will.

If you haven’t made a Will there are several options;

• Purchase one of our low-cost do it yourself islamic Wills.
• Prepare a standard fixed Will.
• Prepare a future-proof trust-based islamic Will.
• Get help from a solicitor.

Each option varies in cost but the most important thing regardless of cost, is to have a Will in place.

Russell Ali is a lawyer and founder of Qadar Wills. Qadar Wills is a service that seeks to bring awareness of the obligation of Muslims to leave their wealth in a way pleasing to God.

None of the above constitutes legal advice. If you a require specific answer to a specific problem, you should seek independent legal advice.