Top 10 Reasons Why Muslims Should Have an Islamic Will In Place
Written by Tanveer Moughal
Senior Consultant Solicitor
The following are some of the reasons why you should consider making an Islamic Will, if either you do not have a Will OR you have a non-Islamic Will in place:-
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- According to Islam, which is a complete way of life and much more than just a religion, every adult Muslim is obligated to have a Will in place, in readiness for their death. It is not optional as many Muslims believe and is not dependent upon how much wealth you possess.
- There is no certainty that the person dealing with your death and estate will be a Muslim and comply with your faith wishes. It is crucial therefore that your Will includes a declaration of faith that can stipulate your beliefs and console your family members.
- An Islamic Will allows you to stipulate in detail that your burial should be in accordance with Islam.
- Outstanding obligations which are binding upon you as a Muslim including any unpaid zakat (compulsory charity) and compensation for missed acts of worship or unperformed Hajj (pilgrimage) must be paid before your estate is distributed and you can list these in your Will.
- You can specify that no autopsy, post mortem or embalming should be carried out as it is considered a violation of the deceased’s body. You can instead request an MRI scan unless an autopsy is required by law.
- An Islamic Will allows you to appoint a testamentary guardian for any of your children who are minors at the date of your death. You can also specify that you wish your children to be raised as Muslims. If you fail to nominate a guardian, then there could be a dispute about who your children should live with upon your death.
- If you die without making a Will your estate will be distributed in accordance with the intestacy rules, which are not in accordance with Islam. As a Muslim you are obligated to distribute between two thirds and all of your estate to your surviving heirs, in fixed shares in accordance with the Quran. This depends on who survives you and primary heirs can include spouses, children and parents. You have the option of leaving up to one third of your estate to charities, non-Muslims, neighbours, friends, step children or anyone unlikely to be an heir.
- If your marriage is not legally recognised in the UK and you do not have a Will, then your spouse will only be considered as a cohabitant. They will have no automatic entitlement to inherit under the intestacy rules. They will need to fight for their share through the Court.
- Many of us own joint assets whether that be property or bank accounts. In accordance with Islam, your wealth should pass to your heirs and not the surviving joint owner, whoever that may be. Therefore, it is important that if property is owned jointly as joint tenants then this converted to a tenancy in common so that your share can pass in accordance with your Will.
- An Islamic Will is prepared in line with English law and therefore you do not need a separate English Will.
Having a Will in place does not only give you peace of mind but also enables you to protect your loved ones and avoid conflict after you have passed away. Every Muslim should be prepared for the worst, especially in the current times.
