For the estimated 4 million Muslims living in the United Kingdom, planning what happens to their wealth after death is not merely a financial exercise — it is a religious obligation. At the heart of Islamic estate planning lies Faraid, the divinely prescribed system of inheritance that determines exactly how a Muslim's estate should be distributed among surviving relatives.
Despite its central importance in Islam, Faraid remains widely misunderstood, even among practising Muslims. Many assume that UK law will automatically distribute their estate in a Shariah-compliant way. It will not. Without a valid Will that explicitly incorporates Faraid principles, a Muslim's estate in England and Wales will be divided according to the rules of intestacy — rules that bear no resemblance to Islamic inheritance law.
This guide explains what Faraid is, how it works, and why every Muslim in the UK needs a Will to ensure their estate is distributed in accordance with their faith.
What Does Faraid Mean?
The word Faraid (Arabic: faraa'id, singular fareedah) literally means "obligatory shares" or "fixed portions." In Islamic jurisprudence (fiqh), it refers to the branch of law that governs the distribution of a deceased person's estate among their rightful heirs.
Unlike many other areas of Islamic law where scholars have significant room for interpretation (ijtihad), the rules of Faraid are largely derived from explicit verses in the Quran. Allah prescribed the shares directly, leaving relatively little ambiguity about who inherits and how much they receive. This is why scholars across all major schools of Islamic thought — Hanafi, Maliki, Shafi'i, and Hanbali — agree on the fundamental framework, even if they differ on certain edge cases.
The primary Quranic source for inheritance law is Surah An-Nisa (Chapter 4), particularly verses 11, 12, and 176. These verses lay out the precise fractional shares for parents, spouses, children, and siblings.
The Quranic Foundation: Surah An-Nisa 4:11
The most comprehensive single verse on inheritance in the Quran is verse 11 of Surah An-Nisa. It establishes the shares for children and parents in clear, mathematical terms:
"Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are only daughters, two or more, for them is two-thirds of one's estate. And if there is only one, for her is half. And for one's parents, to each one of them is a sixth of the estate if the deceased left children. But if the deceased left no children and the parents alone inherit from him, then for his mother is one-third. And if the deceased had brothers or sisters, for the mother is a sixth, after any bequest he may have made or debt. Your parents or your children — you know not which of them are nearest to you in benefit. These shares are an obligation imposed by Allah. Indeed, Allah is ever Knowing and Wise."
— Quran, Surah An-Nisa (4:11)
This verse alone establishes several fundamental principles: children inherit, with sons receiving double the share of daughters; parents are entitled to fixed fractions; and these shares are described as an obligation imposed by Allah — not a suggestion or a cultural preference, but a divine command.
The Fixed Shares: Who Gets What?
Faraid identifies specific categories of heirs and assigns them predetermined fractional shares of the net estate (after debts and any valid bequest have been settled). The primary heirs and their shares are as follows:
The Surviving Spouse
- Husband: If the deceased wife left no children, the husband receives one-half (1/2) of her estate. If she left children (or grandchildren through a son), his share reduces to one-quarter (1/4).
- Wife: If the deceased husband left no children, the wife receives one-quarter (1/4) of his estate. If he left children (or grandchildren through a son), her share reduces to one-eighth (1/8). If there is more than one wife, they share this portion equally between them.
Children
- Sons and daughters together: When the deceased leaves both sons and daughters, the estate (after fixed shares to other heirs) is divided among them with each son receiving twice the share of each daughter. For example, if there is one son and one daughter, the son receives two-thirds of the residual estate and the daughter receives one-third.
- Daughters only (two or more): They collectively receive two-thirds (2/3) of the estate, shared equally among them.
- One daughter only: She receives one-half (1/2) of the estate.
- Sons only: They share the residual estate equally among themselves after other fixed shares have been allocated.
Parents
- Father: If the deceased left children, the father receives one-sixth (1/6). If there are no children, the father's share increases and he may receive the residual estate (as an asabah, or residuary heir).
- Mother: If the deceased left children or two or more siblings, the mother receives one-sixth (1/6). If there are no children and no siblings (or only one sibling), the mother receives one-third (1/3).
Siblings and Other Relatives
Brothers, sisters, grandparents, and more distant relatives may also inherit under Faraid, depending on which closer relatives survive the deceased. The rules here become more complex and vary somewhat between the schools of jurisprudence. In general:
- Full brothers and sisters inherit when there are no surviving children or father.
- Half-siblings (through the mother or father) have their own distinct rules.
- Grandparents may step into the role of parents when the parents are deceased.
The mathematics of Faraid can become highly involved when multiple categories of heirs coexist. This is precisely why Islamic scholars developed an entire discipline around inheritance calculation, and why it is strongly recommended to seek expert guidance when preparing your estate plan.
The Order of Priorities: Debts, Burial, Bequest, Then Inheritance
Before any heir receives their share, the estate must be settled in a specific order of priority:
- Funeral and burial expenses are paid first, in accordance with Islamic guidelines (a simple, dignified burial without extravagance).
- Outstanding debts are settled next. This includes all financial obligations — mortgages, loans, credit cards, and any debts owed to individuals. Islam places enormous emphasis on clearing debts; the Prophet Muhammad (peace be upon him) warned that the soul of the deceased remains suspended until their debts are paid.
- The wasiyyah (bequest) is fulfilled next, up to the permitted limit.
- The remaining estate is then distributed among the heirs according to the Faraid shares described above.
The Wasiyyah: The One-Third Rule
The wasiyyah (plural: wasaaya) is a voluntary bequest that a Muslim may make in their Will, directed to individuals or causes that would not otherwise inherit under Faraid. It is an important tool for charitable giving and for providing for people who fall outside the Faraid framework — such as non-Muslim relatives, adopted children, friends, or charitable organisations.
However, the wasiyyah is subject to a critical limitation: it must not exceed one-third (1/3) of the net estate (after debts and funeral costs). This rule comes directly from the hadith of Sa'd ibn Abi Waqqas, who asked the Prophet Muhammad (peace be upon him) whether he could bequeath all his wealth to charity. The Prophet replied:
"One-third, and one-third is a lot. It is better for you to leave your heirs wealthy than to leave them poor, begging from others." (Sahih al-Bukhari and Sahih Muslim)
There is also a second crucial rule: a wasiyyah cannot be made in favour of someone who is already a Faraid heir, unless the other heirs unanimously consent. This prevents the testator from using the bequest to alter the divinely prescribed shares. You cannot, for example, leave an extra portion to your eldest son via wasiyyah on top of his Faraid share — the two systems are deliberately kept separate.
Many Muslims in the UK use the wasiyyah to leave gifts to mosques, Islamic schools, orphan charities, or non-Muslim family members who would not inherit under Faraid.
How Faraid Interacts with UK Intestacy Law
This is where things become critically important for Muslims in England, Wales, Scotland, and Northern Ireland. UK law does not recognise Faraid. If a Muslim dies without a valid Will (intestate), their estate will be distributed according to the statutory rules of intestacy — not according to Islamic law.
What happens under UK intestacy rules?
Under the intestacy rules of England and Wales (as of 2026), if someone dies without a Will:
- The surviving spouse or civil partner receives the first £322,000 of the estate, plus all personal possessions, plus half of the remainder.
- Children share the other half of the remainder equally — with no distinction between sons and daughters.
- If there is no surviving spouse, the children inherit everything equally.
- Parents only inherit if there is no surviving spouse and no children.
- Unmarried partners receive nothing, regardless of how long the relationship lasted.
Where UK intestacy conflicts with Faraid
The differences are stark and numerous:
- Spousal share: UK law gives the surviving spouse a much larger share than Faraid prescribes in most scenarios. Under Faraid, a wife with children receives 1/8; under UK intestacy, she could receive the vast majority of the estate.
- Equal shares for sons and daughters: UK law divides equally among children regardless of gender. Faraid allocates sons twice the share of daughters — a share that carries with it corresponding financial responsibilities (such as the obligation to provide for the family financially).
- Parents excluded: Under UK intestacy, parents only inherit if there are no children and no spouse. Under Faraid, parents are entitled to their share (typically 1/6 each) even when children survive.
- No wasiyyah: Without a Will, there is no mechanism for the charitable bequest that Islam encourages.
- No Islamic funeral provisions: Without a Will specifying your wishes, there is no guarantee your burial will follow Islamic rites.
The result is clear: dying without a Will in the UK almost certainly means your estate will not be distributed in accordance with Islamic law.
Why Every UK Muslim Needs a Will
Writing a Will is not just legally sensible — many scholars consider it a religious obligation for Muslims living in non-Muslim-majority countries. The Prophet Muhammad (peace be upon him) said:
"It is not permissible for any Muslim who has something to will to stay for two nights without having his Will written and kept ready with him." (Sahih al-Bukhari)
A properly drafted Islamic Will achieves several vital objectives:
- Ensures Faraid compliance: Your estate is distributed according to the Quranic shares, not UK intestacy rules.
- Enables your wasiyyah: You can leave up to one-third of your estate to charitable causes or non-inheriting individuals.
- Specifies Islamic burial: Your Will can state that you wish to be buried according to Islamic rites — washed (ghusl), shrouded (kafan), and buried promptly without cremation.
- Appoints guardians for children: If both parents pass away, your Will can name Muslim guardians to raise your children in accordance with your faith.
- Appoints executors you trust: You choose who administers your estate, ideally someone who understands both Islamic and UK legal requirements.
- Reduces family disputes: A clear, legally binding Will prevents arguments and uncertainty during an already difficult time.
Is an Islamic Will legally valid in the UK?
Yes. There is nothing in English or Welsh law that prevents you from distributing your estate according to Faraid principles. As long as your Will meets the formal legal requirements — it is in writing, signed by you, and witnessed by two independent witnesses — you are free to specify whatever distribution you choose, including one based entirely on Islamic inheritance shares.
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 received "reasonable financial provision." This is rare in practice when the estate has been distributed according to a recognised religious framework, but it is something to be aware of.
Common Misconceptions About Faraid
"Faraid is unfair to women"
This is perhaps the most common misconception. While it is true that a son inherits twice the share of a daughter, this must be understood in the broader context of Islamic financial obligations. In Islam, a man is legally obligated to financially support his wife, children, and in many cases his mother and sisters. A woman's inheritance, by contrast, is entirely her own — she has no obligation to spend it on anyone. When these obligations are factored in, the system is designed to be equitable rather than simply equal.
"I can just tell my family what to do"
Verbal wishes have no legal standing in the UK. Without a written, properly witnessed Will, your family cannot enforce your wishes, no matter how clearly you communicated them. Banks, property registries, and courts will follow the law — not informal family agreements.
"My mosque will sort it out"
While many mosques offer excellent guidance on Islamic inheritance, they cannot override UK law. Only a legally valid Will can direct how your estate is distributed. A mosque imam can help with the Faraid calculation, but the legal document must meet UK requirements.
Getting Your Faraid-Compliant Will in Place
Creating an Islamic Will does not have to be complicated or expensive. The key steps are:
- List your assets: Property, savings, investments, pensions, and any debts.
- Identify your heirs: Spouse, children, parents, siblings — and their relationship to you.
- Calculate the Faraid shares: Use a qualified calculator or consult a knowledgeable scholar.
- Decide your wasiyyah: Up to one-third for non-heirs or charitable causes.
- Draft and sign your Will: Ensure it meets UK legal requirements (written, signed, two witnesses).
- Store it safely: Keep your Will somewhere accessible and tell your executor where it is.
At Plan My Estate, we have built this entire process into a simple, guided online form. Our system calculates the Faraid shares automatically based on your family structure, allows you to specify your wasiyyah, includes provisions for Islamic burial, and produces a solicitor-reviewed Will that is fully compliant with both Shariah principles and UK law.