We will help you understand and gain knowledge around the importance of having an Islamic Will and the various legal concepts that form part of it.
The importance of an Islamic Will
Death is an inevitable part of life but it is easy to push this to the back of your mind and let the task of writing a Will fall to the wayside. However, having an Islamic Will prepared with us is an easy and inexpensive process. Furthermore, from a Shariah prospective the correct distribution of ones assets is a compulsory obligation (Fard) on a Muslim.
If you die without a Will your estate will be distributed according to English intestacy law. These rules do not cater for your Islamic beliefs and principles of estate distribution making it very important that you have a Will written up which complies with both your Islamic obligations whilst also being legally valid under UK law.
Farani Taylor Solicitors are offering our Muslim Clients Wills that are compliant with Islamic Inheritance. This will ensure that your estate is divided according to Islamic Inheritance as well as complying with the requirements of UK law. Your peace of mind is of paramount importance and with the service that we offer you can rest assured that your material affairs will be in order after your passing.
By having a professionally drafted Will you will be in charge of how your assets will be distributed. Your chosen executors will have the responsibility to act according to Islamic principles as well as your wishes in ensuring all assets are distributed correctly.
Allah has made it the duty of all Muslims to leave a Will in order to dispose of their financial affairs following death. This is to ensure that their wealth is distributed fairly amongst family members and to avoid conflict between other family members. The precise details of who inherits and how much they inherit is detailed in the Quran.
It is certainly a mercy to mankind that Allah has already decided how our assets should be distributed once we pass away. The main Shariah rules pertaining to the distribution of assets upon death are set out in Surah An-Nisa and can be summarised as follows:
Outstanding Debts: All outstanding debts owed by the deceased should be repaid from the estate before distribution is made to the inheritors. If a person’s debts exceed the assets left by the deceased, it is recommended that the family repay the shortfall to avoid the situation where the deceased is held to account for these debts on the Day of Judgement. However this repayment of debts is not an obligation on the family.
Funeral Expenses: All funeral expenses should be paid from the assets of the deceased, if the expenses are not voluntarily met by the family of the deceased.
Bequests: The person making the Will can bequest up to one third of their net assets (that remain after deducting debts and funeral expenses if applicable) to be left to recipient(s) that are not otherwise entitled to receive a share of assets under the Islamic Inheritance. Such bequests cannot be made to persons such as spouses, siblings, children and parents as they generally have their shares stipulated by the Islamic Inheritance. Many Muslims choose to make a bequest to a charity as a means of ensuring some good deeds continue to benefit them after death.
“A man may do good deeds for seventy years but if he acts unjustly when he leaves his last testament, the wickedness of his deed will be sealed upon him, and he will enter the Fire. If (on the other hand), a man acts wickedly for seventy years but is just in his last Will and testament, the goodness of his deed will be sealed upon him, and he will enter the Garden.”
– Ahmad and Ibn Majah –
Fulfilling an important Islamic obligation;
Appointment of Guardians: If you have children under the age of 18 years old then you should have a guardianship clause written within your Will to ensure that your children do not end up with the wrong people or worse end up in care. These people should be capable of financially looking after your children, those who are likely to provide similar upbringing to your children;
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Islamicwills.co.uk is a marketing name for our Islamic Wills Department at Farani Taylor Solicitors.
Farani Taylor is the trading name of City Solicitors Ltd, which is a limited liability company registered in England and Wales under the number: 07664373.
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