The European Convention on Human Rights gives everyone in the UK a right to freedom of thought, conscience and religion. This includes the freedom for an individual to live and die following their faith. This, coupled with English law\u2019s principle of testamentary freedom, allows everyone over the age of 18, with mental capacity, to create a will.<\/p>\n\n\n\n
Accordingly, a Muslim over 18 years old with full mental capacity has the right to dispose of his or her assets in accordance with Sharia law, subject to compliance with English law.<\/p>\n\n\n\n
The legal requirements set out in section 9 of the Wills Act 1837<\/a> must be complied with for a will to be valid. In brief, a will must be:<\/p>\n\n\n\n As with any will, care should be taken in selecting any executor(s). Sharia law recommends choosing Muslim men who have knowledge of Sharia law as their knowledge will assist them in making decisions during the estate administration. For example, investing monies in a trust fund in accordance with Islamic finance rules. Further, the will should declare the testator\u2019s intention to follow Sharia law. This will be useful should the will be challenged.<\/p>\n\n\n\n Documenting any funeral wishes within your will, including any preferred burial site, is also useful. Many Islamic wills directly object to having an autopsy, although that will likely be a matter for English law and the relevant authorities.<\/p>\n\n\n\n Sharia law sets out strict rules determining how an individual\u2019s assets are administered upon death. These have been prescribed in the Quran and are vastly different to English law.<\/p>\n\n\n\n Failing to create a will, Islamic or otherwise, will result in the deceased\u2019s personal assets being distributed in accordance with the Intestacy Rules<\/a>.<\/p>\n\n\n\n For a simple guide to the Intestacy Rules, see our flowchart below(a larger copy of which can be found here<\/a>):<\/p>\n\n\n\n\n