The word “Shari’ah” sparks curiosity and sometimes misconceptions. Shari’ah is a comprehensive system of ethics, law and guidance in Islam. This article focuses on one of these laws: the Islamic law of inheritance, and how to comply with these laws where you have assets located in England and Wales.
Background to Shar’iah law
The linguistic origin of the Arabic word “Shari’ah” refers to the place in which a rider is able to come and drink water, or it is literally translated as “the way to a watering hole, a flowing spring”. It also means “a path to be followed”.
Shari’ah is the decreed code for fair, moral and righteous living for Muslims and provides guidance on various aspects of life.
The five objectives of Shari’ah revealed by Allah subhanahu wa ta’ala (swt) (Allah, the most glorified, the most high) are protection and preservation of:
- faith;
- life;
- intellect;
- lineage and dignity; and
- wealth and property.
The supplementary objectives include how to improve life, social and communal objectives; how to live and coexist among neighbours and friends; how to conduct business transactions; and how to take care of the environment: being “green” is part of the Shari’ah.
Shari’ah is the idea of Allah swt’s law that varies in application based on the state or time. It regulates violations of the right of Allah swt and violations of the rights of human beings. Shari’ah teaches Muslims to abide by the law of the land so long as they are able to practice their faith.
Shari’ah is the set of laws derived from four different sources:
- Qur’an as the primary source but contains very little legal material;
- Sunnah, the Prophetic lens through which the Quran is read;
- early Muslim application of the Qur’an and Sunnah; and
- legal reasoning by Muslim scholars.
The last two sources represent the human effort to channel the revelation of God. Together these four sources make up “Fiqh” which refers to the concrete applicable rules constructed through those four sources.
Shari’ah and inheritance issues
Inheritance law is mentioned in the Qur’an in detail; specifically the fractions.
The law of inheritance applies to all kinds of property, moveable or immoveable. The epitome of Islamic inheritance law is social responsibility and proximity. Under Shari’ah, the heirs cannot be deprived from inheritance as the heirs cannot be left in need resulting in having to ask someone else for financial assistance.
One is capable of inheriting if they are associated with the deceased through a marital tie, blood relationship or through a relationship of friendship.
The assets are distributed in accordance with a hierarchy of three classes of heirs. The first or primary class is often referred to as the Quranic heirs (Ashab-ul-Furud). These heirs are mother, father, wife, husband, daughter and son. The heirs are entitled to receive a fixed share of inheritance; however the actual share that a heir inherits is dependent on the presence of other heirs. The fixed share can be divided into two groups.
- 1/2, 1/4, 1/8; and
- 2/3 1/3 and 1/6.
There are four rules to calculate the shares.
- When these shares occur individually then the divisor will be the same as the denominator.
- When more than one fraction occurs and if it is from the same group, the divisor will be the biggest number from the highest common denominator.
- When there are fractions from both groups, the highest denominator from group 1 (2, 4 or 8) is multiplied by 3 and this will be the divisor.
- When there are no primary heirs with an allocated share, the divisor will be made from the number of individuals. So for instance, count each male as two individuals and each female as one individual.
Example
If the Quranic heirs of a deceased are two daughters and a son, each person’s inheritance would be as follows:
| Divisor = 4 | |
| Son | Two daughters |
| Total = 2 | Total = 2 |
| Son will receive two shares | Each daughter will receive one share |
The daughters’ share is not treated as a fixed share and this is because their share will depend on the brother’s share.
The remaining two classes are the secondary or residuary heirs (Al-Asabat). These include, aunts and uncles, nieces and nephews and other distant relatives.
Shari’ah compliant Will
Testamentary freedom under English law enables a Shari’ah compliant English Will to be prepared for those with assets in England or Wales, which we can assist with including obtaining Shari’ah legal advice from our professional contacts in the relevant region. Advice should be taken to ensure that the testator’s wishes are met and the testator is aware of any tax implications that flow from the receipt of the fixed shares by the heirs, as well as potential claims against the estate that could be made by those who consider that their fixed share does not represent reasonable financial provision.
This article is for general information only and does not seek to give legal advice or to be an exhaustive statement of the law. Specific advice should always be sought for individual cases.