Have you ever thought about writing an Islamic will? 

When it comes to wills and shares in inheritance, we usually think of the elderly bequeathing their assets and leaving instructions carefully detailing decades of accumulated wealth. 

However, in the last two years, we have witnessed the children of Gaza writing their wills as they faced relentless violence and bombs. These were not the wills of the elderly or the terminally ill, these were heartbreaking words of young souls forced to confront death far too soon—scribbled hurriedly into notebooks and shared in hushed whispers, naming small treasures like toys, notebooks and their favourite Eid dress. They asked for who to be buried next to and who should get their monthly allowance, dividing it fairly amongst siblings and friends. In the onslaught of Israel’s decades-old genocide, they bore witness to the fragility of life in ways that few of us ever have to imagine and in doing so, left lessons for us all.

It is a sobering reminder that preparing for death is not something reserved for old age. As Muslims, writing a will is a duty and an obligation upon us, no matter our age or health. 

‘Abdullah bin ‘Umar (May Allah be pleased with them) reported that the Messenger of Allah ﷺ said, “It is the duty of a Muslim who has something which is to be given as a bequest not to have it for two nights without executing a written will.” (Bukhari)

Writing a will can help us ensure that our affairs are settled justly when we leave this world. In Islam, inheritance is not just a financial transaction but a system ordained by Allah ﷻ. A system that has been created to prevent disputes, protect the vulnerable and uphold justice. Yet, many of us delay writing a will, assuming we have plenty of time. 

Understanding the laws of Islamic inheritance and writing a will is not just about preparing for death—it is an act of care and faith; safeguarding the rights of those we leave behind, and fulfilling a duty that Allah has set for us. It also means that those we leave behind can grieve without the worry and added burden of unfinished administrative matters by the deceased.

The Sahabah, too, took this responsibility seriously. ‘Abdullah b. ‘Umar (Allah be pleased with them) said, “Ever since I heard Allah’s Messenger ﷺ say this, I have not spent a night without having my will (written) along with me.” (Muslim)

So, how does one go about writing a will, and what do Islamic inheritance laws actually mean? In this article, we explore common misconceptions and FAQs on the principles of inheritance in Islam and offer guidance on how to start writing your own will.

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This article is sponsored by Islamic Relief UK, who are offering a FREE Islamic Will writing service for a limited time. The service is fully compliant with Islamic law and UK domestic law, helping you fulfill this important obligation with ease. The online process takes just 20 minutes to complete. Create your FREE will here.

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Writing an Islamic Will

Thinking about the departure of a loved one back to Allah is a challenging and emotional time. What’s more, sorting out an Islamic will per the Islamic rules of inheritance can also be a daunting task for your family. Sorting out a will in advance can help provide ease and comfort to those we leave behind. 

Writing a will is crucial to prevent your assets from being distributed according to the probate and intestacy laws of the country you live in. As Muslims living in non-Muslim countries, wills can also ensure that not only our requests and wishes are covered, but also every Islamic requirement of our inheritance is respected and carried out.

What is an Islamic will? 

An Islamic will is a legally binding document that stipulates to whom a person will leave their assets (property, possessions, money) upon their return to Allah.

This will take into account two groups of people:

• Ascendants: Including your spouse (husband/wife) and parents
• Descendants: Your children, grandchildren and siblings (full siblings and half-siblings)

A will can also include bequests for charitable purposes. You may specify details about your burial, set aside funds to cover the costs and outline your wishes for who should perform your ghusl and shrouding after your passing.

What is the law for wills in Islam? 

In Islam, a will must be made by the person whilst they are alive. A will is made to arrange one’s property and assets after one’s death, for the benefit of others or for charitable purposes. 

Are there any prerequisites or pre-inheritance obligations to be fulfilled before writing an Islamic will?

When compiling an Islamic will, it is imperative that the following is taken care of through your will:

• Making sure that the will is in accordance with the Shariah
• The thorough execution of a Muslim’s will
• Making sure that your debts are paid
• Ensuring that any kaffarah is paid (any missed fasts/penalty payments – this varies between Islamic schools of thought or Madhhabs)
• Making sure that funeral costs are accounted for

How to create an Islamic will that is legal in the UK?

You can create a will on your own, however, consulting a solicitor for legal advice is advisable.

To create an Islamic will that is legal in the UK, you must meet the following conditions according to UK law:

• You must be 18 years old or over
• You must be of sound mind
• Your will must be in written form (oral declarations are not legally binding)
• You must state that you are the author of the will
• You must legally declare that this is your last will, meaning that any other wills are now invalid
• You’ll need to sign and date the will in the presence of two witnesses
• Neither of the witnesses can be your spouse or a beneficiary of the will

Is my Islamic will legally binding?

This is a common misconception and is not necessarily true, as depending on where you live, a will must meet the conditions of inheritance law in that country, as is the case in the UK. While you can write your own will by yourself, it is highly recommended that you consult a lawyer to ensure you meet the conditions of UK Inheritance law.

Another misconception is that the last will and verbal wills are legally binding. If you’re in the UK, that isn’t true, only a written will that meets the conditions of UK inheritance law is legally binding. 

However, an Islamic will is binding as long as it is both Shariah and domestic law compliant. If an Islamic will is found to be invalid, a Muslim’s inheritance will be distributed in accordance solely with the rules of intestacy (i.e., the laws that apply from the law of the land). However, this can differ from country to country.

If you write a will using Islamic Relief’s will-writing service, it will be fully legal and binding in England and Wales. IRUK partners with Islamic Finance Guru (IFG), which works with fully qualified and registered solicitors.

Do I need to have a separate will from my husband?

Yes, each spouse needs to have their own will. Every Muslim should ensure they have a will in place.

What if I submit my will and need to make changes to it in the few days following?

You can change your will as many times as you need to in the week it takes for IFG (Islamic Finance Guru) to get your will over to you. After that, if there are minor changes, they can do those as well as a courtesy.

What is inheritance in Islam? 

Inheritance in Islam is property/funds (assets) transferred from a deceased family member to their loved ones. Wasiyyah is an Arabic term that describes the declaration a person makes whilst alive regarding their property, as well as the arrangements according to Islamic law to be carried out after their death. This is akin to a “will” in British law. Laws around inheritance in the Islamic tradition are derived from instructions in the Qur’an and through the Sunnah. 

Most of these laws appear in Surah An-Nisa,

“For men there is a share in what their parents and close relatives leave, and for women there is a share in what their parents and close relatives leave—whether it is little or much. ˹These are˺ obligatory shares.” (Surah An-Nisa 4:7)

How do I understand who gets what under Islamic law? 

Unlike most common wills, the Qur’an and Sunnah already outline how inheritance is to be distributed amongst relatives after a Muslim’s death. This cannot be changed according to individual preference except in specific circumstances/cases. Therefore, anyone who has any property or assets needs to ensure this is clearly communicated via a will to their relatives. Which is why it is imperative that Muslims plan their inheritance according to Shariah when they have anything to bequeath. 

Allah commands us in the Holy Qur’an to take care of our inheritance,

“It is prescribed that when death approaches any of you—if they leave something of value—a will should be made in favour of parents and immediate family with fairness. ˹This is˺ an obligation on those who are mindful ˹of Allah˺.” (Surah Al-Baqarah 2:180)

Inheritance planning is crucial in avoiding disputes amongst family members after the death of a loved one. Without clear guidance, inheritance can become a source of tension and conflict among families. The Qur’an and Sunnah lay out inheritance laws designed to safeguard everyone’s rights — yet cultural norms often restrict Muslim women’s access to land and property. Understanding the inheritance laws and knowing your rights with the help of an Islamic scholar can help you ensure that your wealth and assets are fairly given to those who have the right to them.

How to calculate inheritance in Islam

While the fixed shares of one’s wealth are outlined in the Shariah, there are a number of conditions that must be met in each case. Bequeathing or ‘gifting’ is also allowed in an Islamic will, given that certain conditions are also met.

It can be tricky to know where to start when compiling an Islamic will, since the matter is rich in rules and guidelines. Seeking professional advice, services, and support is crucial for ensuring that your will is valid.

Do women inherit fairly?

It’s a question that often sparks debate—why do sons receive twice the share of daughters in inheritance? As outlined in Surah An-Nisa 4:11, this is indeed the case, but Islamic inheritance laws aren’t about valuing men over women; they’re about fairness and financial responsibilities. 

This was well explained by Tasnim Khalid, who specialises in Islamic wills and estate planning, and led the Amaliah x Islamic Relief Wills & Inheritance Webinar:

“When I first came into the law, 25 years ago, the conclusion that I came to when I researched this is that it’s absolutely fair. Because the starting point in Islam is that our male counterparts have the duty to ensure that their female counterparts are looked after in accordance with the Sharia. So they have financial obligations towards us: my father, my brother, my husband, my son — they all have financial obligations towards me.

But any inheritance I receive is mine, or any wealth that belongs to me is mine, and I have no financial obligation towards my mortgage, our outgoings, my children, or even my parents in my lifetime. But my brother, my husband, my father — they all have financial responsibilities. As women, there are certain things that men can’t do, such as bear children. There are times in our lives when we’re vulnerable and need that financial support. So Islam gives a bit more to the male counterparts so they can uphold their Islamic obligations of ensuring that their female family members are supported financially.

I often say, from an inheritance point of view, what’s mine is mine… and what’s yours is mine too. And I say that to my husband, my father, and my brother.

Now, as you can imagine, having acted for thousands of families throughout my career, there are instances where families will say, “But our daughter is the main breadwinner in the household. Alhamdulillah, she did really well at university, she’s the one who supports us, and very sadly, our son has an addiction. We love them both dearly, but he can’t overcome it and isn’t very sensible with money. What do we do?” Similarly, I’ve had cases where the son is very successful in his own right — a multi-millionaire — and the daughter is less well-off, perhaps on benefits, raising three children. In those cases, the parents may feel they want to give more to the daughter. And there are a couple of ways of doing that. 

The starting point is that the Qur’an says it’s double for the son and half for the daughter. But there are ways to ensure fairness. One is lifetime giving — parents can gift more to a daughter while alive, taking circumstances into account. Another is open conversation: if siblings are close, a son might willingly share more with his sister. 

And of course, inheritance depends entirely on who is alive at the time of death. Every situation is different, some families only have daughters, others include unmarried individuals, and so on.

There’s an excellent online Islamic inheritance calculator that helps map out different scenarios and gives clarity on how estates would be divided according to Shariah.”

In short, men are obligated to be qawwam (protectors and maintainers), meaning their financial share comes with the duty to provide for their families. A woman’s inheritance, on the other hand, is entirely hers—she has no obligation to spend it on anyone.

What often gets missed is that there are cases where women receive equal or even greater shares than men. A mother, for example, can inherit more than a father in some scenarios. The issue isn’t the system itself—it’s when people pick and choose. 

Islamic inheritance laws were designed with balance in mind, not blind division. But if they’re applied selectively—where men take their larger share without fulfilling their obligations—then it’s not the system that’s unfair, but the way it’s being practised.

Can a wife inherit her husband’s property after he passes away?

Another misconception about Islamic inheritance is that a wife will not be entitled to property or land she owned with her husband if he passes away. A husband is allowed to leave his property to his wife, and if a wife has shared ownership of a house with her husband, she inherits it according to UK inheritance law. 

These are often sensitive issues and must be discussed with someone qualified in the Islamic fiqh as to how, if appropriate, the distribution would take place, as it also requires looking into whether there are any other eligible inheritors Islamically, for example. 

What do you do with the gold you may have?

Gold is often passed down through generations, whether as jewellery, coins, or bars, but when it comes to inheritance, many people are unsure how to handle it. In Islamic law, gold is considered an asset and must be included in your estate when distributing inheritance.

If you own gold, the first step is to ensure it is accounted for in your Islamic will. According to Surah An-Nisa (4:11), inheritance must be divided after debts and bequests are settled. This means that if you have outstanding zakat on your gold, it should be paid before distribution.

When it comes to dividing gold among heirs, its value is assessed and then allocated according to Islamic inheritance shares. Families may prefer to split physical gold or convert it into monetary value and distribute it accordingly. The decision must be taken with the consent of all inheritors. 

If you’re unsure how to handle a gold inheritance, seeking guidance from a scholar or an expert in Islamic wills can help ensure your wealth is distributed correctly. Ultimately, the goal is to follow the principles of justice and fairness in wealth distribution, just as Islam prescribes.

Can I “gift” an asset to someone else in my will who is not a dependent or in line of inheritance?

Whilst the rules regarding inheritance are already determined by the Shariah, it is possible to leave behind gifts (also referred to as bequests), given that certain conditions are also met. Since the matter is rich in rules and guidelines, it is best that you seek professional advice, services and support so that your will is valid. 

Can I leave all my assets to charity? 

In the Shariah, there is an option to leave some of your assets to whoever you prefer at your discretion, including, for example, a charity or institution to be given as sadaqah. However, you are only permitted to do so up to a maximum of 1/3 of your total estate, with the remaining 2/3 of your assets divided according to the Shariah.

I received some inheritance from my grandfather. Do I have to pay Zakat on it?

Once you receive your inheritance, it is potentially zakatable, and its value needs to be considered alongside any other zakatable wealth you own and your particular context of zakatable assets.

Can my non-Muslim family inherit from me and vice versa?

The general Islamic ruling, based on hadith, is that a Muslim cannot inherit from a non-Muslim, and vice versa. The Prophet ﷺ said: “A Muslim does not inherit from a disbeliever, nor does a disbeliever inherit from a Muslim.” (Bukhari, Muslim) However, there is a discussion amongst scholars as to whether, in a non-Muslim country where the laws are not based on Islam, inheritance would still be possible. If you are in this situation, we advise you to consult a scholar you trust, who can offer a nuanced view based on your individual circumstances.

But that doesn’t mean you can’t leave something for non-Muslim family members. While they potentially may not inherit under obligatory laws (Islamic inheritance law), you can leave them a portion of your estate through a will (wasiyyah). In Islam, up to one-third of your wealth can be allocated as you wish, including for non-Muslim relatives, friends or charities. The remaining two-thirds must follow the distribution according to inheritance laws.

If you have non-Muslim family members you want to provide for, it’s important to make your intentions clear in a legally binding Islamic will. Without one, your estate will be divided according to either Shariah if you live in a Muslim country, or according to the intestacy laws of the non-Muslim country you live in. Planning ahead ensures you’re following Islamic guidelines while also looking after the people you care about.

You can find out more about the rules of calculating Islamic inheritance here. 

Taking care of your affairs and preparing for your death not only ensures the well-being of your afterlife but also provides security for your loved ones and the Muslim community at large. It’s a responsibility that every Muslim has throughout their lifetime, as it has a lasting impact on those who remain and is part of one’s legacy. 

Writing a will also invites us to take stock of what we accumulate throughout our lives—our wealth, possessions and even the debts we owe. It pushes us to reflect on what we truly need and what we wish to leave behind, both materially and in terms of our legacy. In a world where we are often encouraged to hoard and gather more, the simple act of preparing for death can encourage us to strip away the layers of worldly demands and reflect on what truly matters.