QA-ID-0052
QUESTION
How important is making a will? I have heard it is obligatory upon you to have one before you die.
Also, if i have only had my nikah done and not registered what would happen to my inheritance according to the sharia?
What would my partner get? I have 2 children, boy and a girl. I have been told that the Government would take it. Is that correct?
ANSWER
﷽
Creating an Islamic will is highly recommended, particularly in this country, to guarantee the Islamic distribution of your assets upon your demise. However, if a person has unfulfilled obligations, such as an obligatory Hajj they did not perform, drafting a will becomes mandatory as a means to address these outstanding duties and ensure they are fulfilled after their demise.
When a person dies without leaving a will, they are described as having died intestate, which means that their estate can be distributed according to the rules of intestacy. These rules are governed by UK law and are not the same as the rules of distribution as per the Sharī’ah. This is why an Islamic will is strongly encouraged.
While the government does not take your entire inheritance in the absence of a valid will, there exists an inheritance tax of 40% if the total estate surpasses a specific threshold (presently £325,000). It is strongly advised to establish a trust-based will if your estate exceeds this threshold, ensuring your heirs receive a significant portion while also facilitating tax savings.
The lack of registration of your nikāh does not impact the distribution of inheritance according to the Sharī’ah.
Regarding the distribution of your inheritance based on the current heirs described by you:
In the case of the wife’s demise, the husband is entitled to 1/4 of the estate, while the remaining portion is divided between the two children, with the son receiving double the share of the daughter.
If the husband passes away, the wife is entitled to 1/8 of the estate, and the remainder is divided between the two children, with the son receiving double the share of the daughter.
Please note that the above information is not intended as legal or financial advice; rather, it serves as Islamic guidance.
والله تعالى أعلم
And Allāh Knows Best
Muhammad Kalim Misbahi
