What is Sharia Law?

The newspapers often focus on Sharia Law. For example in 2008 the Archbishop of Canterbury stated that it is inevitable that the UK courts will have to adopt some aspects of Sharia Law.

Sharia Law is Islam’s legal system and provides a legal and social code for Muslims.  Sharia Law can be complex and therefore individuals must ensure that they instruct trained experts in this field.

Several areas of law in the United Kingdom have adopted the principles of Sharia Law. A Muslim can now arrange an Islamic Home Purchase Plan (instead of a mortgage) or make a Will which is Sharia compliant.

As a solicitor specialising in Wills and tax planning I am going to focus on the basic terms of a Sharia compliant Will.

Bukhari said “It is the duty of a Muslim who has anything to bequeath, not to let two nights pass without including it in his Will”  

If an individual dies without leaving a Will their estate will pass under the Intestacy Rules of England and Wales. The Intestacy Rules are not compliant with Sharia Law.

After any debts, funeral and administration expenses have been settled, a maximum of one third of the individual’s estate can pass to whom they choose. The testator (the person making the Will) may choose to leave this share of the estate to friends or family not entitled to inherit under Sharia Law. Alternatively they may opt to leave a third of their estate to charity. If the testator chooses to leave a share of the estate to charity it should pass to the bayt al-mal, which is spent on social welfare. If there is no bayt al-mal within the community, the bequest should pass to a charity whose objective is to support the social welfare of the community.

The remainder of the estate (being two thirds) must be distributed amongst the testator’s family in accordance with the madhhab that the testator follows. The closest relatives will inherit in fixed shares and if the testator does not have a husband, wife, children or parents then the remainder of the residuary estate will pass to more distant relatives instead.

For example, if the testator were survived by his wife, son and daughter, two thirds of the estate would be distributed in the following shares:

• His Wife would receive 1/8,
• His Son would receive 7/12, and
• His Daughter would receive 7/24

It is wise for the testator to include a default clause stating who should inherit from the estate if he or she does not have any relatives.

The testator will also need to appoint executors to administer the estate, choose a guardian for their minor children and decide on funeral and burial arrangements.