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How do I write an Islamic will in the UK or the US?

Fountain pen writing (literacy)
Photo: Petar Milošević, CC BY-SA 4.0 via Wikimedia Commons

Usually you do it in eight practical steps: list your assets and debts, work out your Islamic heirs and shares, decide any bequest within one third, name an executor, add funeral wishes, then have a lawyer draft it and sign it properly with witnesses. The key is that it is legally valid where you live and clearly states the Islamic shares.

Why write one

The Prophet ﷺ said: "It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him" (Sahih al-Bukhari 2738). In the West, an Islamic division only happens if your will says so. See Is an Islamic will legally valid in the US or UK?

Steps to follow

  1. List what you own and owe: property, savings, pensions, cars, business interests, loans and mortgages. Debts are paid first.
  2. Identify your heirs: spouse, children, parents and, in some cases, siblings. The Quran sets their shares (Quran 4:11-12). Ask an imam or scholar to calculate them.
  3. Decide any bequest: up to one third for non-heirs, such as charity or non-Muslim relatives.
  4. Name executors: one or two trustworthy people, ideally who understand your wishes.
  5. Choose guardians for any minor children.
  6. Add funeral wishes: say you are Muslim and want an Islamic burial, with the mosque or service to contact.
  7. Have it drafted by a solicitor or lawyer with experience in Islamic wills. Avoid vague wording like "divide according to sharia" alone; spell out the shares or the exact method.
  8. Sign it correctly and store it safely. Tell your executor where it is.

Signing in the UK and US

  • England and Wales: the will must be in writing and signed by you in front of two witnesses, who must both be present and sign too. Witnesses and their spouses should not be beneficiaries. Scotland and Northern Ireland have different rules.
  • USA: each state has its own rules. Most require your signature and two witnesses, and many accept a notarised "self-proving" affidavit to make probate smoother.

Marriage can cancel an earlier will in England and Wales, so check your will after any major life change.

Things that can override your wishes

A will does not control everything. Joint property, pensions and life insurance often go to named beneficiaries, so update those forms too. Courts in some places also let spouses or children claim provision. A lawyer can explain the limits that apply to you. For how much you can give outside the fixed shares, see How much of my money can I leave in my will as a Muslim?

Keep it up to date

Review your will after marriage, divorce, a new child, a move or a big change in wealth. If you have not made one yet, see what happens in the meantime. See What happens if I die without a will as a Muslim? And for how the shares work, see How does Islamic inheritance work?

Key points
  • Writing a will promptly is a Prophetic instruction (Sahih al-Bukhari 2738).
  • State the Islamic shares clearly and keep any bequest within one third.
  • Use a lawyer, two witnesses and correct signing for your jurisdiction.
  • Update beneficiary forms and review the will after life changes.
Tip: Ask an imam to confirm the shares in writing before you meet the lawyer. It saves time and avoids drafting mistakes.

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