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Sharia-Compliant Wills in England and Wales: Legal Framework and Cultural Competency for Solicitors

· 19 min

Executive Summary

The withdrawal of the Law Society's practice note on Sharia succession rules in November 2014 left solicitors without authoritative guidance on drafting wills that reflect Islamic inheritance principles. Over a decade later, no replacement has been issued. With 3.9 million Muslims in England and Wales and an estimated 90% of Muslim adults lacking a valid will, demand for culturally competent estate planning grows.12 Testamentary freedom under the Wills Act 1837 permits Sharia-compliant distributions, yet the Inheritance (Provision for Family and Dependants) Act 1975 creates genuine litigation exposure where such distributions inadequately provide for eligible claimants. Kaur v Singh [2023] demonstrates judicial willingness to intervene against culturally motivated disinheritance, while Akhter v Khan [2020] confirms that nikah-only spouses lack both intestacy protection and financial remedies. Cultural competency is a regulatory obligation under SRA Principle 6 and Code of Conduct paragraph 3.4, requiring structured protocols for risk disclosure and client communication.

1. Introduction: The Guidance Vacuum

In March 2014, the Law Society published a practice note on Sharia succession rules, intended to assist solicitors instructed to prepare wills in accordance with Islamic inheritance principles. The guidance attracted immediate criticism. The National Secular Society, Southall Black Sisters, and the Lawyers' Secular Society challenged the note on the grounds that it endorsed discriminatory outcomes, particularly its statement that "illegitimate and adopted children are not Sharia heirs" and that "male heirs in most cases receive double the amount inherited by a female heir." Justice Secretary Chris Grayling warned the Law Society was "at risk of undermining the rule of law."3

By November 2014, President Andrew Caplen announced the withdrawal: "We have withdrawn the note and we are sorry."4 No replacement guidance has been issued in the eleven years since. The result is a professional vacuum in which solicitors must navigate complex religious and cultural requirements without structured institutional support, relying instead on fragmented firm-level marketing content and outdated academic commentary.

The demographic context sharpens this concern. Census 2021 recorded 3.9 million Muslims in England and Wales, representing 6.5% of the population -- a 44% increase from 2.7 million in 2011.1 The Muslim population has the youngest median age of any religious group at 27 years, indicating that estate planning needs will intensify substantially in coming decades. Industry data from Wahed and iWill Solicitors suggests that approximately 90% of adult Muslims in the United Kingdom lack a will, despite 86% believing that making one is required under Islamic law.2 These figures originate from an industry participant and should be treated with appropriate caution, but the scale of the gap between religious obligation and legal preparedness is broadly supported by practitioner experience.

The legal profession itself is changing. Six per cent of solicitors in England identify as Muslim according to the most recent SRA diversity monitoring data.5 The profession is therefore increasingly equipped to serve Muslim clients but operates without the formal frameworks that exist for other areas of specialist practice.

Meanwhile, the Law Commission's Modernising Wills report, published in May 2025, affirmed testamentary freedom as the guiding principle of English succession law while recommending 31 reforms including electronic wills executed through reliable systems, a court dispensing power for non-compliant documents, and abolishing automatic revocation on marriage.6 The government welcomed these recommendations but has not introduced legislation as of February 2026. The report's reaffirmation of testamentary freedom provides continuing support for the legality of Sharia-compliant distributions, though it does not address the statutory constraints that create the most acute practitioner risk.

The Foundation

Section 3 of the Wills Act 1837 provides that every person may "devise, bequeath, or dispose of, by his will executed in manner herein-after required, all real estate and all personal estate which he shall be entitled to."7 This establishes testamentary freedom: the right of a testator to distribute their estate to any person or purpose, subject to compliance with formalities under section 9 (writing, signature, attestation by two witnesses).

The principle has been consistently affirmed at the highest level. In Ilott v The Blue Cross [2017] UKSC 17, the Supreme Court emphasised that testamentary freedom is "one of the important principles of English law."8 The deceased had left her entire estate of approximately GBP 486,000 to animal charities, excluding her only daughter entirely following a prolonged estrangement. While the Court of Appeal had awarded the daughter GBP 163,000, the Supreme Court reduced this to GBP 50,000, reinforcing that "beneficiaries under a testator's Will do not need to justify their entitlement."

The Law Commission's May 2025 report reinforced this position, stating that testamentary freedom "should remain the guiding principle" of succession law and explicitly declining to recommend stronger family provision rights.6 This matters for Sharia-compliant will drafting because testamentary freedom permits -- but does not insulate -- religious distributions.

The Inheritance Act Constraint

Testamentary freedom in England and Wales is bounded by the Inheritance (Provision for Family and Dependants) Act 1975. Section 1 permits specified categories of applicant to seek provision from a deceased's estate where the disposition "is not such as to make reasonable financial provision" for them.9

Six categories of eligible applicant exist: the spouse or civil partner; a former spouse or civil partner who has not remarried or formed a new partnership; a child of the deceased; any person treated as a child of the family; any person maintained wholly or partly by the deceased immediately before death; and, since 1996, a cohabitant of two or more years.9

The standard of provision differs materially by applicant category. Surviving spouses are assessed against what would be "reasonable in all the circumstances," unrestricted to maintenance. All other applicants face the more limited maintenance standard.9 This distinction carries significant consequences for Sharia-compliant distributions where a surviving wife receives a fixed share that may fall well below what a court would consider reasonable provision for a spouse.

Kaur v Singh: Cultural Disinheritance and Judicial Response

The decision in Kaur v Singh [2023] EWHC 304 (Fam) provides the most directly relevant authority on Inheritance Act claims against culturally motivated distributions.10

The deceased had been married for 66 years. His will left an estate valued between GBP 1.2 million and GBP 1.9 million (figures disputed between the parties) entirely to his two sons, excluding his wife and four daughters in accordance with what the court described as cultural traditions around male-line inheritance. The claim was undefended, and Peel J awarded Mrs Kaur 50% of the net estate.10

The judgment is significant on three points. First, the court applied the statutory framework without modification for cultural or religious context. Second, the decision was reached within seven months of issue, suggesting courts treat such claims as straightforward applications of established principles rather than novel territory. Third, while the case involved Sikh rather than Islamic cultural norms, the legal principle extends equally: cultural or religious justification for exclusion of a spouse does not insulate a will from Inheritance Act claims.1011

Practitioners drafting Sharia-compliant wills must convey to clients that a distribution leaving a surviving wife one-eighth of the estate under faraid -- or nothing, if the marriage is not recognised under Islamic rules -- creates substantial exposure to judicial redistribution regardless of its religious rationale.

3. Islamic Inheritance Principles: What Solicitors Must Understand

Faraid: The Fixed-Share System

Islamic inheritance law derives primarily from Quranic provisions in Surah An-Nisa 4:11-12. The system known as faraid prescribes fixed shares for specified categories of heir, applying to approximately two-thirds of the estate under Sunni jurisprudence.12

The fixed-share heirs (ashab al-furud) include the father, mother, husband, wife, daughter, and son. A husband inherits one-quarter where there are descendants, or one-half where there are none. A wife inherits one-eighth where there are descendants, or one-quarter where there are none. Where a deceased is survived by both sons and daughters, sons receive double the share of daughters.1213

Three categories of exclusion under classical faraid create the most acute tension with English law. Adopted children have no inheritance rights, as Islamic jurisprudence does not recognise adoption as creating a parent-child relationship for succession purposes. Children born outside marriage are similarly excluded. Non-Muslim family members cannot inherit from a Muslim deceased under classical interpretation.1213 Each of these exclusions conflicts with the Inheritance Act's inclusive definition of eligible claimants.

A critical point for practitioners: English law does not recognise Sharia as a separate legal system. A will that simply states "distribute my estate in accordance with Sharia law" does not create a legally enforceable disposition. The will must specify individual beneficiaries and their shares in terms that English courts can interpret and enforce. Failure to do so risks partial or total intestacy.14

Wasiyyah: The Discretionary Third

Islamic law permits testators to dispose freely of up to one-third of their estate through wasiyyah (bequest). This discretionary portion may not, under Sunni jurisprudence, benefit those already entitled under faraid without the consent of other heirs. The one-third limit derives from the hadith of Sa'd ibn Abi Waqqas, in which the Prophet stated: "One-third, and one-third is much."13

In practice, wasiyyah provides flexibility for testators wishing to make provision for persons excluded under faraid. Adopted children, non-Muslim family members, or charitable bodies may receive bequests from this portion. Practitioners should identify whether the wasiyyah can be structured to mitigate the most obvious Inheritance Act vulnerabilities.

Jurisprudential Variations

Practitioners must recognise that Islamic inheritance law is not monolithic. The four Sunni schools of jurisprudence -- Hanafi, Maliki, Shafi'i, and Hanbali -- differ in their treatment of residuary inheritance, the rights of certain female heirs, and the circumstances under which shares are recalculated. Shia inheritance law follows distinct principles, particularly regarding the treatment of grandchildren and the wasiyyah rules, which may permit bequests to heirs without requiring consent of others.12

Country-of-origin variations add further complexity. Pakistani, Egyptian, Saudi, and Malaysian interpretations of faraid differ materially, influenced by local codification and customary practice. The Law Society's withdrawn practice note was criticised partly for treating Islamic inheritance as a uniform system when it is not.3

Competent practice therefore requires establishing at the initial consultation which school of jurisprudence the client follows and, where the client is uncertain, facilitating access to appropriate Islamic scholarship rather than attempting independent interpretation of religious law.

4. The Nikah Non-Marriage Problem

The decision in Akhter v Khan [2020] EWCA Civ 122 added a compounding dimension to the Islamic wills landscape that practitioners must integrate into their advisory framework.15

Mrs Akhter and Mr Khan had undergone a nikah ceremony in 1998 without civil registration. They cohabited for 18 years and had four children. When the relationship broke down, Mrs Akhter sought financial remedies through the courts. The Court of Appeal held that an Islamic nikah ceremony conducted without civil registration is a "non-qualifying ceremony" -- not a void marriage but a non-marriage entirely, falling outside the scope of the Matrimonial Causes Act 1973.15

The implications for estate planning are severe. A nikah-only spouse has no entitlement under intestacy rules, which recognise only legally married spouses and civil partners. A nikah-only spouse cannot access the full range of Inheritance Act remedies available to legally married spouses, though they may qualify as a dependant or cohabitant under other categories with the more restrictive maintenance standard. A nikah-only spouse cannot rely on matrimonial financial remedies should the relationship break down during the testator's lifetime.1516

The 2018 Independent Review into the Application of Sharia Law identified that a significant number of Muslim couples do not register their religious marriage as a civil marriage.17 For these couples, a valid will executed under the Wills Act 1837 is the sole mechanism through which a surviving nikah-only spouse can receive provision on death, absent reliance on the limited and uncertain maintenance provisions of the 1975 Act.

Practitioners taking instructions for Sharia-compliant wills must therefore enquire specifically about marital status. Where a client's spouse holds a nikah-only marriage, the file note should record clear advice that: the spouse has no automatic entitlement on intestacy; the will is the primary protective mechanism; and the client may wish to consider civil registration of the marriage alongside executing the will.

5. Cultural Competency as Regulatory Obligation

SRA Framework

Cultural competency in serving Muslim clients is not a commercial differentiator but a regulatory expectation. SRA Principle 6 requires regulated persons to "act in a way that encourages equality, diversity and inclusion."18 The Code of Conduct for Solicitors, paragraph 3.4, requires practitioners to "consider and take account of your client's attributes, needs and circumstances."19 While "attributes" is not defined, the SRA's published guidance on equality, diversity and inclusion states that cultural competency means "being able to communicate and work effectively with others, regardless of difference."18

For private client practitioners, these provisions create a regulatory framework around inclusive practice. A solicitor who refuses to engage with Islamic estate planning requirements, or who demonstrates fundamental ignorance of faraid concepts when instructed by a Muslim client, may fall short of expectations under both Principle 6 and paragraph 3.4. Equally, a solicitor who proceeds without advising on Inheritance Act risks fails in their core professional obligation to provide competent advice.

The Equality Act Tension

The Equality Act 2010 adds a layer of complexity. Religion or belief is a protected characteristic under section 10.20 However, section 29(8) excludes religion or belief from the harassment provisions under section 26 as applied to services, rather than from service provision protections generally. Direct discrimination on the basis of religion or belief in the provision of services remains unlawful under section 29(1). The practical implications for Sharia-compliant will instructions are limited, because the relevant issue is typically the content of the will rather than refusal of service on grounds of religion.

The more pressing tension concerns the content of the wills themselves. Distributions that differentiate by gender or exclude children based on legitimacy raise questions about solicitors' participation in potentially discriminatory arrangements. The Law Society's 2014 withdrawal implicitly acknowledged this concern.4

The resolution lies in the distinction between testamentary freedom and professional endorsement. English law permits testators to distribute estates in ways that reflect religious principles, including distributions that differentiate between heirs. A solicitor who drafts such a will, having explained all legal risks and alternatives, gives effect to lawful client instructions rather than endorsing the distribution's substantive content. The professional obligation is to ensure the client understands that English law treats all eligible claimants equally for Inheritance Act purposes, regardless of the will's terms.

Lessons from the 2014 Withdrawal

The controversy surrounding the withdrawn practice note offers instructive lessons. The note was criticised not for acknowledging that Sharia-compliant wills are lawful -- they are -- but for appearing to endorse specific discriminatory outcomes without adequate analysis of the legal risks and protections available to excluded persons. Any guidance framework must therefore balance two imperatives: assisting solicitors in serving clients whose estate planning is motivated by religious conviction, while ensuring practitioners understand and communicate the full landscape of statutory protections available to persons who may be disadvantaged by such distributions.

6. Practical Framework for Solicitors

Consultation Protocol

A structured approach to Sharia-compliant will instructions ensures consistent risk management across the practice.

Step 1 -- Establish Jurisprudential Basis. Identify the client's school of Islamic jurisprudence. For Sunni clients, establish whether Hanafi, Maliki, Shafi'i, or Hanbali interpretation applies. For Shia clients, confirm whether Ithna Ashari (Twelver) or other tradition applies. Document this clearly, as inheritance calculations differ between schools.

Step 2 -- Map Family Composition Against Legal Categories. Create a comprehensive family tree that identifies both faraid heirs and persons eligible to bring Inheritance Act claims. Particular attention should be paid to: adopted children recognised under English law but excluded under faraid; children born outside marriage, whose equal succession rights were established by the Family Law Reform Act 1987;21 non-Muslim family members; and nikah-only spouses lacking civil registration.

Step 3 -- Quantify Distribution and Identify Vulnerability. Calculate the distribution each heir would receive under the intended Sharia-compliant structure and compare this against likely Inheritance Act outcomes. Where spousal provision falls substantially below what courts have awarded in comparable cases, document this assessment.

Step 4 -- Deliver Written Risk Disclosure. Provide a written advice letter explaining: the 1975 Act permits specified family members to apply for provision; religious or cultural factors do not prevent or limit such claims; Kaur v Singh illustrates that courts will intervene where provision for a spouse is inadequate; and identified persons who might bring claims against the estate. Where the client's spouse holds a nikah-only marriage, include specific advice on the implications of Akhter v Khan.

Step 5 -- Obtain Informed Acknowledgement. Secure written confirmation that the client understands the litigation exposure, has received advice on potential claimants, and wishes to proceed with the Sharia-compliant distribution despite acknowledged risks.

Drafting Considerations

Wills must specify individual beneficiaries and their shares in terms enforceable under English law. Clauses referencing "Sharia law" or "Islamic distribution" without specifying shares are likely to create uncertainty or intestacy. Practitioners should draft specific fractional entitlements for each beneficiary, reflecting the faraid calculation but expressed in English legal terms.

Trust structures may provide flexibility for post-death distribution. A discretionary trust over the estate, with a letter of wishes specifying faraid shares, allows trustees (who may include family members and an Islamic scholar) to distribute in accordance with the testator's religious wishes while retaining the capacity to adjust if Inheritance Act claims arise or family circumstances change.

Tax Efficiency

Islamic inheritance principles do not preclude inheritance tax planning. The spousal exemption applies where a legally married spouse benefits, but minimal spousal provision under faraid reduces the available exemption. Charitable legacies within the wasiyyah portion may qualify the estate for the reduced 36% inheritance tax rate where 10% or more of the net estate passes to qualifying charities.22 Islamic charitable giving traditions align well with this English tax incentive.

The concept of hibah (lifetime gifts) within Islamic tradition may serve as a tax-planning mechanism. Where clients make inter-vivos transfers, potentially exempt transfers and the seven-year cumulation rule operate independently of religious characterisation. Practitioners must ensure clients understand the reservation of benefit rules and their potential to bring gifted assets back into the chargeable estate.

Pension death benefits and life insurance policies written in trust fall outside the estate for both probate and inheritance tax purposes. These instruments operate independently of the faraid distribution and provide a mechanism through which testators may ensure adequate provision for persons who might otherwise bring Inheritance Act claims, without disrupting the Sharia-compliant structure of the will.

Conclusion

The decade since the Law Society withdrew its practice note has seen demand for culturally competent estate planning grow while formal professional guidance remains absent. The legal position is clear: testamentary freedom under the Wills Act 1837 permits Sharia-compliant distributions, but the Inheritance (Provision for Family and Dependants) Act 1975 creates genuine litigation exposure that cannot be contracted away.

Kaur v Singh demonstrates that courts apply statutory provisions without modification for cultural or religious context. Akhter v Khan confirms that nikah-only spouses face compounding vulnerability, making a valid will essential where civil marriage registration has not occurred. The Law Commission's May 2025 affirmation of testamentary freedom provides continuing support for religious estate planning, yet absent legislative reform of the Inheritance Act, the tension persists.6

Cultural competency under SRA Principle 6 and paragraph 3.4 requires more than commercial awareness. Solicitors must understand Islamic inheritance principles sufficiently to take competent instructions, advise on litigation risks with specificity, and document the instruction process rigorously. The practical framework outlined in this article -- structured consultation, written risk disclosure, and informed client acknowledgement -- provides a foundation for practitioners operating in the absence of authoritative institutional guidance.

The case for updated formal guidance from the Law Society or the SRA remains compelling. Until it materialises, solicitors must construct their own frameworks, grounded in regulatory obligations and informed by the case law that demonstrates how courts respond when testamentary freedom and family provision intersect.

CPD Declaration

Estimated Reading Time: 20 minutes Technical Level: Advanced Practice Areas: Private Client, Wills and Probate, Equality and Diversity, Regulatory Compliance

Learning Objectives

Upon completing this article, practitioners will be able to:

  1. Identify the key tensions between Islamic fixed-share inheritance (faraid) and the Inheritance (Provision for Family and Dependants) Act 1975, including the categories of claimant most likely to bring successful claims against Sharia-compliant distributions
  2. Evaluate Inheritance Act litigation risk for estates distributed under Islamic principles, applying the reasoning from Kaur v Singh [2023] EWHC 304 (Fam) and Ilott v The Blue Cross [2017] UKSC 17
  3. Distinguish between the four Sunni schools of jurisprudence and Shia inheritance law when establishing client instructions for will drafting
  4. Apply a structured consultation protocol for Sharia-compliant will instructions, including assessment of nikah marriage status following Akhter v Khan [2020] EWCA Civ 122

SRA Competency Mapping

  • A2: Effective communication with clients from diverse backgrounds, including understanding of religious and cultural requirements
  • A3: Managing client expectations and providing clear advice on litigation risks
  • B3: Ability to recognise and resolve issues of professional conduct, including balancing client wishes with regulatory obligations
  • C1: Understanding of legal and regulatory frameworks governing succession and family provision

Reflective Questions

  1. How would you adapt your initial consultation process when a client requests a Sharia-compliant will, and what additional documentation protocols would you implement to manage Inheritance Act litigation risk?
  2. How might you balance the obligation under SRA Principle 6 to encourage equality, diversity and inclusion with the duty to advise clients that their religiously motivated distribution may be vulnerable to statutory challenge?
  3. What steps would you take to verify a client's nikah marriage status and, where civil registration is absent, what additional advice and documentation would you provide?

Professional Disclaimer

The information presented reflects the regulatory and legislative position as of 2026-02-04. Regulations, tax rules, and professional guidance are subject to change. Readers should independently verify all information before acting and seek advice from appropriately qualified solicitors, financial advisors, or other professionals for their specific circumstances.

Neither WUHLD nor the author accepts liability for any actions taken or decisions made based on the content of this article. Professional readers are reminded of their own regulatory obligations and duty of care to their clients.

Footnotes

Footnotes

  1. Office for National Statistics, Religion, England and Wales: Census 2021 (November 2022). https://www.ons.gov.uk/peoplepopulationandcommunity/culturalidentity/religion/bulletins/religionenglandandwales/census2021 ↩ ↩2

  2. Law Society Gazette, "US fintech chases Islamic wills market with law firm acquisition" (February 2023). https://www.lawgazette.co.uk/practice/us-fintech-chases-islamic-wills-market-with-law-firm-acquisition/5115131.article ↩ ↩2

  3. Law Society Gazette, "Society defends sharia wills practice note" (April 2014). https://www.lawgazette.co.uk/practice/society-defends-sharia-wills-practice-note/5040519.article ↩ ↩2

  4. Law Society Gazette, "Society withdraws sharia wills note" (November 2014). https://www.lawgazette.co.uk/law/society-withdraws-sharia-wills-note/5045303.article ↩ ↩2

  5. Solicitors Regulation Authority, How Diverse is the Profession? (2023). https://www.sra.org.uk/sra/equality-diversity/diversity-profession/diverse-legal-profession/ ↩

  6. Law Commission, Modernising Wills (Law Com No. 419, May 2025). https://lawcom.gov.uk/project/wills/ ↩ ↩2 ↩3

  7. Wills Act 1837, s.3. https://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26 ↩

  8. Ilott v The Blue Cross [2017] UKSC 17. https://www.supremecourt.uk/cases/uksc-2015-0203.html ↩

  9. Inheritance (Provision for Family and Dependants) Act 1975, ss.1-3. https://www.legislation.gov.uk/ukpga/1975/63 ↩ ↩2 ↩3

  10. Kaur v Singh [2023] EWHC 304 (Fam). https://www.bailii.org/ew/cases/EWHC/Fam/2023/304.html ↩ ↩2 ↩3

  11. Foot Anstey, "Kaur v Singh: an Inheritance Act claim by a spouse excluded from her husband's estate" (2023). https://www.footanstey.com/our-insights/articles-news/kaur-v-singh-an-inheritance-act-claim-by-a-spouse-excluded-from-benefitting-from-her-husbands-estate/ ↩

  12. STEP Journal, "Shari'a Succession Rules: Planning and Disputes" (June 2009). https://journal.step.org/step-journal-june-2009/sharia-succession-rules-planning-and-disputes ↩ ↩2 ↩3 ↩4

  13. Islamic Relief UK, Islamic Inheritance Guidance. https://www.islamic-relief.org.uk/giving/islamic-giving/islamic-inheritance/ ↩ ↩2 ↩3

  14. RIAA Barker Gillette, "Islamic Wills in England and Wales." https://www.riaabarkergillette.com/uk/islamic-wills-in-england-and-wales/ ↩

  15. Akhter v Khan [2020] EWCA Civ 122. https://www.judiciary.uk/wp-content/uploads/2020/02/Akhter-Khan-Media-Summary.pdf ↩ ↩2 ↩3

  16. House of Commons Library, Islamic Marriage and Divorce in England and Wales (CBP-8747). https://commonslibrary.parliament.uk/research-briefings/cbp-8747/ ↩

  17. Home Office, The Independent Review into the Application of Sharia Law in England and Wales (February 2018). https://www.gov.uk/government/publications/applying-sharia-law-in-england-and-wales-independent-review ↩

  18. Solicitors Regulation Authority, SRA Approach to Equality, Diversity and Inclusion. https://www.sra.org.uk/solicitors/guidance/sra-approach-equality-diversity-inclusion/ ↩ ↩2

  19. SRA Code of Conduct for Solicitors, para. 3.4 (version effective 11 April 2025). https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-solicitors/ ↩

  20. Equality Act 2010, s.10. https://www.legislation.gov.uk/ukpga/2010/15 ↩

  21. Family Law Reform Act 1987. https://www.legislation.gov.uk/ukpga/1987/42 ↩

  22. Inheritance Tax Act 1984, Sch 1A (as amended by Finance Act 2012). https://www.legislation.gov.uk/ukpga/1984/51 ↩

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