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Islamic Wills Lawyers Clarkston & Giffnock

  • The Law Society of Scotland

Writing a Will is one of the most important things you can do for yourself and your family, as it lets you decide exactly what will happen to your money, property and possessions when you die. It may be something that you do not want to think about, but it can save unnecessary stress for your loved ones at what will already be an upsetting and emotional time.

When someone dies without a valid Will, they become what is known as ‘intestate’, and their estate must be shared out according to the Rules of Intestacy. The Rules of Intestacy will not always respect your wishes as to how you would like your estate to be distributed upon your death. It does not consider the complexity of modern families and could ignore those closest to you, for example, children from previous marriages or unmarried partners who may receive nothing from your estate when no Will is left.

Expert Islamic Wills Solicitors in Glasgow

There are many reasons you might avoid drafting a Will, however one of which is that you may have certain religious beliefs and think a Scottish Lawyer would be unwilling or unable to draft a Will in alignment with your beliefs. For Muslims, it is imperative to make an Islamic Will; particularly for those living in Scotland, where the Rules of Intestacy are not in accordance with the Islamic Law of Inheritance and Succession. At Claphams we understand this, and we can provide the guidance and expertise required to draft a Will for you that is compliant with Islamic Law (Shariah).

In the Old Testament (Torah) the laws of the inheritance are a mere four lines (Numbers 27:8-11): “If a man dies with no sons, then his inheritance goes to his daughter(s). If he has no daughter(s), then the inheritance goes to his brothers. If he has no brothers, then the inheritance goes to his father’s brothers. If his father had no brothers, then the inheritance goes to the closest kin of the family, and he will possess it.”

The issue of inheritance can be complex because one may wish to fulfil both the religious laws of inheritance and the legal laws of Scotland. It is therefore of great importance not only to prepare a Will, but to seek professional legal advice from an experienced solicitor, knowledgeable in both Scots Law and the teachings of Islam.

Our Expertise

The estate in Islam is distributed according to the principles cited in the Holy Quran. In addition to passing down the estate to the next generation, Allah (God) has also defined shares for the previous generation (parents and grandparents). The estate can go two generations up as well as two generations down. The presence of certain inheritors blocks others. For example, the presence of a son will block inheritance to the brothers and sisters of the deceased.

The Holy Prophet Peace be upon him (P.B.U.H) has advised Muslims to learn the principles of inheritance ‘learn the knowledge related to inheritance (Ilm-Al-Faraidh) and teach it to others. In the Holy Quran, (Holybook) Allah (Arabic word for Almighty)  says, Chapter 2-180 (Part -2,-1 (L-210)Quran Chapter 2-درس قرآن (Bequeath) Surah ‘Al-Baqarah (The Cow) – Chapter – 2 It is prescribed for you, when death approaches one of you, if he leaves wealth, that he should bequeath unto parents and near relatives in kindness.   (Kutiba  ‘alaykum  ‘izaa  hazara ‘ahadakumul-mawtu  ‘in-  taraka  khay-ranil-wasiyyatu  lil-waalidayni  wal-‘aqrabiina  bil-ma’-ruuf.  Haqqan  ‘alal-Muttaqiin.) (2:180) Making a Will in Islam is not a choice or option. It is necessary for a Muslim to make a Will before their death.

Contact our Islamic Wills Lawyer Clarkston, Newton Mearns, Giffnock, Netherlee, Eaglesham, Carmunnock, Stewarton & Southside Glasgow

Our trainee solicitor, Rabia Islam, has a particular interest in Islamic Will writing for Muslim clients and is able to take instructions in English, Urdu or Punjabi. If you would like to discuss making your Islamic Will, contact us today on 0141 620 0800 to arrange an appointment with Rabia.

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Please note we are a firm of Scottish Solicitors helping clients across Scotland and cannot help you if you are based in England.