If you are a Muslim living in England or Wales, you have almost certainly asked yourself: do I need an Islamic Will, a standard Will, or both? It is a fair question. Both documents are legally binding under English law. Both let you name guardians for your children, appoint executors, and set out what happens to your estate after you pass away. But the similarities end there.
An Islamic Will adds an entire layer of religious obligation on top of the legal framework. It follows the Quranic rules of inheritance known as Faraid, it limits discretionary bequests through the concept of wasiyyah, and it is reviewed and certified by a qualified Islamic scholar to confirm that everything complies with Shariah principles.
In this guide, we break down exactly how these two types of Will differ, compare them side by side, and help you decide which one is right for your situation.
What Makes a Will "Islamic"?
An Islamic Will is not simply a standard Will with a Bismillah at the top. It is a structured legal document that must satisfy both English law and the rules of Islamic inheritance. Three core principles set it apart.
1. Faraid: The Quranic Rules of Inheritance
Faraid refers to the fixed shares of inheritance prescribed in the Quran (primarily in Surah An-Nisa, 4:11-12). These shares are non-negotiable. They dictate exactly how much of your estate goes to specific relatives after debts and bequests are settled.
For example, if a man passes away leaving a wife, one son, and one daughter, the wife receives one-eighth of the estate, and the remainder is divided between the son and daughter in a ratio of two to one. These shares are not suggestions. They are obligations that a Muslim is expected to fulfil.
The Faraid system covers a defined set of heirs, including spouses, children, parents, and in some cases siblings, grandparents, and other relatives. The exact shares vary depending on which family members survive you. An Islamic Will must calculate and allocate these shares correctly, which is why scholar oversight is so important.
2. Wasiyyah: The One-Third Rule
In Islamic inheritance law, you are permitted to leave up to one-third of your net estate as a discretionary bequest, known as the wasiyyah. This one-third can go to anyone who is not already a Faraid heir: a friend, a charity, a non-Muslim relative, or any cause you care about.
The remaining two-thirds of your estate must be distributed according to the Faraid shares. You cannot use the wasiyyah to give extra to a Faraid heir unless all other heirs consent. This rule exists to protect the rights of every prescribed heir and to prevent favouritism.
Many Muslims use the wasiyyah portion to make charitable donations (sadaqah jariyah), provide for adopted children (who are not Faraid heirs under Shariah), or leave gifts to close friends and community members.
3. Scholar Certification
A standard Will is typically reviewed by a solicitor for legal compliance. An Islamic Will goes further. It is reviewed by a qualified Islamic scholar who checks that the Faraid shares have been calculated correctly, that the wasiyyah does not exceed one-third, and that no Shariah principle has been violated.
This certification gives you peace of mind that your Will fulfils your religious duty. It also gives your family confidence that the distribution is Islamically sound, which can prevent disputes after your passing. At Plan My Estate, every Islamic Will is reviewed by both a solicitor and an Islamic scholar before it reaches you.
What Does a Standard Will Cover?
A standard Will under English law gives you complete freedom over how your estate is distributed. There are no fixed shares, no religious constraints, and no limit on who can inherit or how much they receive.
A typical standard Will includes:
- Appointment of executors — the people responsible for administering your estate.
- Guardianship — naming legal guardians for any children under 18.
- Distribution of assets — specifying who receives what, whether that is property, savings, investments, personal belongings, or digital assets.
- Specific gifts — leaving particular items or sums of money to named individuals or charities.
- Residuary estate — instructions for whatever remains after debts, taxes, and specific gifts are settled.
- Funeral wishes — preferences for burial or cremation, though these are not legally binding.
The key advantage of a standard Will is flexibility. You can leave everything to one person, split it equally among your children regardless of gender, disinherit a relative entirely, or donate your whole estate to charity. English law does not dictate who must inherit from you.
However, it is worth noting that under the Inheritance (Provision for Family and Dependants) Act 1975, certain dependants can challenge a Will if they believe they have not been reasonably provided for. This applies to both standard and Islamic Wills.
Side-by-Side Comparison
| Feature | Islamic Will | Standard Will |
|---|---|---|
| Who can inherit | Two-thirds is reserved for Faraid heirs (spouse, children, parents, etc.) as prescribed by the Quran. The remaining one-third can go to anyone. | Anyone you choose. There are no prescribed heirs or fixed shares. |
| Flexibility | Limited. Faraid shares are fixed. Discretionary bequests are capped at one-third of the estate. | Full flexibility. You decide every allocation with no caps or mandatory shares. |
| Religious obligations | Fulfils the Islamic duty of distributing wealth according to Shariah. Considered a religious obligation for practising Muslims. | No religious dimension. Purely a legal document. |
| Review process | Reviewed by both a solicitor (for English law compliance) and an Islamic scholar (for Shariah compliance). | Reviewed by a solicitor for legal compliance only. |
| Funeral instructions | Typically includes specific Islamic burial instructions: ghusl (ritual washing), kafan (shrouding), prompt burial, and no cremation. | Can include any funeral preferences, but they are not legally binding. |
| Debt treatment | Debts must be settled before any inheritance is distributed. This is a Shariah requirement and also aligns with English law. | Debts are settled from the estate before distribution. Same practical outcome. |
| Adopted children | Adopted children are not Faraid heirs under Shariah, but can receive up to one-third through the wasiyyah. | Adopted children can inherit any amount, just like biological children. |
| Non-Muslim relatives | Non-Muslim relatives are not Faraid heirs, but can receive gifts from the wasiyyah portion (up to one-third). | Any relative can inherit regardless of their faith. |
| Legal standing in England | Fully legally binding. English law does not distinguish between Islamic and non-Islamic Wills. | Fully legally binding. |
| Guardianship | You can appoint guardians for minor children, the same as a standard Will. | You can appoint guardians for minor children. |
Which One Do You Need?
Choosing between an Islamic Will and a standard Will comes down to your faith, your family situation, and your priorities. Here is a simple decision guide.
You likely need an Islamic Will if:
- You are a practising Muslim who wants to fulfil the religious obligation of distributing your estate according to Shariah law.
- You want your family to have the assurance that a qualified scholar has certified your Will.
- You want Islamic burial instructions included as a formal part of your Will.
- Your family expects an inheritance distribution that follows the Quran, and you want to avoid disputes by having scholar-certified documentation.
- You want to use the wasiyyah to leave charitable bequests or provide for non-Faraid heirs like adopted children, stepchildren, or close friends.
A standard Will may be more appropriate if:
- You are not Muslim, or you do not wish to follow Shariah inheritance rules.
- You want complete control over who inherits and how much they receive, without any prescribed shares.
- Your family structure is complex (blended family, estranged relatives, etc.) and you need maximum flexibility.
- You want to leave your entire estate to a single person or charity.
- You have specific wishes that would conflict with Faraid allocations.
Not sure? Consider your non-negotiables.
If fulfilling your Islamic duty is important to you, an Islamic Will is not optional — it is a religious obligation. The Prophet Muhammad (peace be upon him) said: "It is the duty of a Muslim who has anything to bequest not to let two nights pass without writing a Will about it" (Sahih al-Bukhari). For many Muslims, this hadith settles the question entirely.
Can You Have Both?
This is one of the most common questions we receive, and the answer is nuanced.
Technically, you should only have one valid Will at a time. Under English law, a new Will typically revokes all previous Wills. Having two competing Wills can create confusion, legal disputes, and delays in probate.
However, there are ways to achieve the goals of both:
Option 1: A single Islamic Will that covers everything
This is the approach we recommend for most Muslim clients. Your Islamic Will is a fully valid English legal document. It appoints executors, names guardians, and distributes your entire estate. The Faraid shares handle two-thirds, and the wasiyyah handles the remaining third. Everything is in one document, reviewed by both a solicitor and a scholar.
Option 2: An Islamic Will with a separate letter of wishes
A letter of wishes is not a legal document, but it can guide your executors on matters not covered in the Will itself — such as how to manage a family business during the transition, your preferences for your children's education, or how you would like personal belongings of sentimental value to be distributed. This keeps your Will clean and focused while still communicating your broader intentions.
Option 3: Separate Wills for different jurisdictions
If you own property in multiple countries, you may need a separate Will for each jurisdiction. For example, an Islamic Will that covers your assets in England and Wales, and a second Will drafted under the local law of another country for assets held there. In this case, it is essential that each Will explicitly states which assets it covers so they do not revoke each other. You should seek specialist legal advice if this applies to you.
The key principle is this: whatever approach you take, there must be no ambiguity. Your executors should be able to read your Will and know exactly what to do, without any conflicting instructions from another document.
Common Misconceptions
Before we wrap up, let us clear up a few myths that come up regularly.
"An Islamic Will is not legally valid in England." This is false. An Islamic Will that meets the requirements of the Wills Act 1837 (signed, witnessed by two people, the testator has mental capacity) is just as legally binding as any other Will.
"I can just tell my family how to divide things Islamically." Verbal wishes are not legally enforceable. Without a written Will, your estate will be distributed under the intestacy rules of England and Wales, which do not follow Shariah. Your spouse may receive everything, or the shares may not match Faraid at all.
"Faraid is unfair to women." This is a common misunderstanding. While sons receive double the share of daughters in certain scenarios, Islamic inheritance law also means that daughters are not obligated to spend their inheritance on the household. A son's larger share comes with a corresponding financial responsibility towards his family. The system is designed to be holistic, not isolated to a single ratio.
"I do not have enough assets to need a Will." If you have any assets at all — a bank account, a car, personal belongings — you need a Will. Without one, your family could face months of legal delays and costs through the intestacy process.
Making It Simple
Whether you choose an Islamic Will or a standard Will, the most important step is making one in the first place. Over 60% of adults in the UK do not have a Will, which means their families are left to navigate intestacy rules that may not reflect their wishes at all.
At Plan My Estate, we have built a guided process that makes creating either type of Will straightforward. You answer questions about your family, your assets, and your wishes. If you choose an Islamic Will, we calculate the Faraid shares for you, handle the wasiyyah allocation, and have the document reviewed by both a solicitor and an Islamic scholar. The whole process takes about 20 minutes online, and you receive a professionally printed, legally valid Will delivered to your door.
Your family deserves clarity. Your faith deserves respect. And you deserve a Will that honours both.