Key Takeaways
- A Wasiyyah needs both Islamic content (Faraidh shares, 1/3 bequest) and civil law compliance (two witnesses)
- Without proper witnesses, the Wasiyyah has no legal force — UK intestacy applies instead
- The 1/3 bequest can include charity, non-Muslim family, or supplementary gifts
- Joint tenancy property bypasses your will — check whether your home is held correctly
- AmanahSuite's free Wasiyyah Builder takes under 30 minutes
Every Muslim adult is obligated to have a will. The Prophet Muhammad ﷺ said: "It is not permissible for any Muslim who has something to bequeath to pass even two nights without having his last will and testament written and kept ready with him." (Bukhari & Muslim). Yet the majority of UK Muslims have no up-to-date Islamic will.
Writing a Wasiyyah in 2026 involves two elements: the Islamic Faraidh (compulsory inheritance shares) and UK civil law compliance. This guide covers both.
What is a Wasiyyah?
A Wasiyyah is an Islamic will — a written document recording your estate distribution after death. It has two components:
Faraidh — The compulsory Quranic inheritance shares (Surah An-Nisa 4:11-12). These are fixed fractions for specific family members that you cannot override.
The optional bequest — Up to one-third (1/3) of your net estate directed to any purpose you choose: charity, non-Muslim family, or additional gifts.
📌 Key Point
A Wasiyyah that follows Faraidh but is not signed before two witnesses has no legal force in England and Wales. UK intestacy rules will apply to your estate instead. Both elements — Islamic content and civil law compliance — are essential.
Why you need both an Islamic will and civil compliance
Under UK intestacy law (2026), if you die without a valid will:
| Your situation | UK intestacy result | Islamic Faraidh result | |---|---|---| | Married + 2 sons + 1 daughter, £400k estate | Wife: £361k / Children: £39k equally | Wife: £50k / Sons: ~£116k each / Daughter: ~£58k | | Married + no children | Spouse inherits everything | Spouse: 1/4 / Parents: rest | | Non-Muslim spouse | Receives intestacy share | Receives nothing from Faraidh |
The contrast is stark. UK intestacy overweights the spouse, equalises sons and daughters, and ignores religion entirely.
Step 1: Calculate your Faraidh shares
Before writing anything, use a Faraidh calculator — the calculations involve fractions that interact in non-obvious ways.
Key shares:
- Wife: 1/8 (with children) or 1/4 (no children)
- Husband: 1/4 (with children) or 1/2 (no children)
- Each parent: 1/6 (if you have children)
- Daughters only: 1/2 (one) or 2/3 (two or more)
- Sons + daughters: sons receive double daughters' share from remainder
AmanahSuite's Wasiyyah Builder calculates these automatically for your specific family structure.
Step 2: Decide on your optional 1/3 bequest
The 1/3 bequest is one of Islam's most powerful legacy tools. Use it for:
- Sadaqah Jariyah — ongoing charity (mosque fund, water well, Islamic school)
- Non-Muslim family — a non-Muslim spouse, parent, or child who cannot receive Faraidh shares
- Specific causes — organisations whose work you wish to support
- Supplementing a dependent heir — a child with disability or additional needs
“When a person dies, all their deeds end except three: a continuing charity, beneficial knowledge, or a righteous child who prays for them.”
Step 3: Record your assets and liabilities
Document everything your executor will need to find and value:
- Property (addresses, mortgage outstanding, title ownership type)
- Bank and savings accounts (institutions, approximate balances)
- Investments — ISAs, pensions, stocks
- Life insurance policies (provider, policy number, named beneficiary)
- Business interests
- Debts (mortgage, loans, credit cards, personal debts)
- Valuable personal property (jewellery, vehicles)
⚠️ Important
Check whether your home is held as joint tenants or tenants in common. Joint tenancy property passes automatically to the surviving owner — outside your Wasiyyah entirely. To include your property share in Faraidh distribution, it must be held as tenants in common.
Step 4: Appoint an executor and guardians
Executor: The person responsible for administering your estate — gathering assets, paying debts, and distributing shares. Choose someone organised and trustworthy who understands their obligations.
Guardians: If you have children under 18, name their guardian should both parents die. Without this, a UK court decides — and may appoint someone you would not have chosen.
Step 5: Record your janazah instructions
Your Wasiyyah is the correct place for your Islamic funeral wishes:
- That ghusl (ritual washing) must be performed by a qualified Muslim
- The name of your local Islamic burial society or mosque to contact
- That burial should be performed facing Mecca
- That cremation is strictly prohibited in Islam
- Any specific burial ground preference
Step 6: Sign before two witnesses — correctly
Once complete, your Wasiyyah must be signed under the Wills Act 1837:
- Sign the document yourself
- In the simultaneous presence of two adult witnesses
- Both witnesses must then sign in your presence
- Witnesses must be 18+, of sound mind, and not beneficiaries (or married to beneficiaries)
💡 Tip
A family member can witness — but only if they receive nothing under the will. To be safe, choose friends, colleagues, or neighbours who are not named in the Wasiyyah.
Step 7: Store and communicate
Store the signed original in a secure, accessible place:
- Fireproof home safe
- With your solicitor
- Land Registry's Wills storage service
Tell your executor and at least one other trusted person exactly where it is kept. A will that cannot be found within days of death is almost as problematic as no will.
2
Witnesses required — both present simultaneously
Wills Act 1837
1/3
Maximum optional bequest in Islamic law
Hadith — Bukhari & Muslim
30
Minutes to complete with AmanahSuite Builder
Average user time
Frequently Asked Questions
How do I write an Islamic will in the UK?
Does a Wasiyyah need to be registered anywhere?
Can I include both UK law and Islamic law in one document?
What if I have assets in another country?
How often should I update my Islamic will?
Write Your Wasiyyah — Free
AmanahSuite's Wasiyyah Builder calculates your Faraidh shares automatically and generates a signed-ready PDF. Takes under 30 minutes. No account required.
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