Preparing an Islamic Will Edition lll

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1 s t E t h i c a l C h a r i t a b l e Tr u s t ’s G u i d e t o

Preparing an Islamic Will

Edition lll

In partnership with The Sharı¯ ’ah accuracy of this guide has been verified by

Al-Qalam Sharı¯ ’ah Panel

www.alqalam.org.uk

TM

1st Ethical Charitable Trust

Unit 3A | Springfield Court

Summerfield Road | Bolton | BL3 2NT Phone: 01204 557918 | Fax: 01204 399786

Email: [email protected]

Website: www.1stethical.com

Who are 1st Ethical Charitable Trust?

The 1st Ethical Charitable Trust encourages British Muslims to focus upon those religious obligations which most benefit wider society, thereby fostering improved social and religious cohesion.

Our work focuses primarily on two key areas:

1. We provide scripturally compliant solutions to common legal and financial challenges facing British Muslims, such as how to donate Zaka¯h (charity) on contemporary assets, or prepare an Islamic Will valid under English Law.

2. We encourage British Muslims to get involved with non-Muslim partner charities whose work benefits British society.

Download our Zaka¯h Guide

Islam has made the payment of Zaka¯h a compulsory obligation upon each Muslim. Although Zaka¯h is a fundamental pillar of faith, many Muslims are confused by the subject and are either paying Zaka¯h incorrectly or worse still not paying it at all. This guide offers practical advice to British-based Muslims on Zaka¯h-giving.

This guide can be downloaded from our website, where you will also find our other guides and useful information.

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This guide is designed for information purposes only and does not constitute advice. If advice is required, we strongly recommended professional guidance be obtained. 1st Ethical Charitable Trust will not accept any liability whatsoever, for any loss, whether actual or consequential, arising from any actions taken or forsaken, as a result of reading this guide.

page

1. Introduction

3

2. Sharı¯ ‘ah Considerations 4-5

3. Legal Considerations

6-7

4. Inheritance Tax Considerations

8-9

5. Will Template Guidelines

10

6. Islamic Will Template Pullout

11-14

7. Wealth Calculator

15

8. What Type Of Will Do You Need?

16

9. Leaving Money to Charity

17

10. Summary

18

11. Charities

19

TM

Will Information Service

For FREE information on making a Will and donating to one of our partner charities, please email [email protected], quoting the name of the charity concerned.

The Sharı¯‘ah accuracy of this guide has been verified by Al-Qalam Sharı¯‘ah Panel

www.alqalam.org.uk

Important: This document has been prepared for information purposes only and does not constitute financial advice under the Financial Services and Markets Act 2000 which supersedes the Financial Services Act 1986.

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All praise is for Alla¯h, Lord and Sustainer of the Worlds. We praise Him,

seek His aid and beg of His forgiveness. Indeed, Alla¯h is the One who gives

life, and He is the One who takes it, and to Him shall we return.

Introduction

As Muslims, we are required to bear the anguish and pain of losing a loved one with patience, to beseech our Creator to be merciful to the soul of the deceased, and most importantly, to remind ourselves of the temporary nature of this life, so that we may better prepare ourselves for the next life.

Islam is referred to in the Qur’a¯n as not just a religion but also as a ‘Deen’ or way of life. As such, it provides detailed guidance to Muslims on how to conduct their affairs in each and every aspect of their lives. When it comes to the matter of death, it is therefore unsurprising that Islam has placed great emphasis on the manner in which the deceased is to be treated.

It is a sad reflection upon our general condition that whilst many Muslims are scrupulous in ensuring the funeral rites - for example, the funeral prayer (jana¯zah), the ritual washing of the body (ghusl) and the funeral shroud (kafn) are properly observed -there is much less emphasis, or even on occasion indifference, in ensuring the assets of the deceased are distributed amongst the family in accordance with Qur’a¯nic requirements. To distribute assets in accordance with the Qur’a¯nic injunctions is a

compulsory (fardh) obligation on the inheritors and hence is of paramount importance.

By far, the best way of ensuring that your assets are distributed correctly upon death, is to prepare a legally valid Will. This ensures that the family of the deceased are left in no doubt as to the wishes of the deceased. The implication of dying without a Will in Britain are further aggravated by the ‘laws of intestacy’ which would be enforced if a Will was not left behind, and the family were unable to amicably resolve how to distribute the assets of the deceased. These laws of intestacy would distribute assets according to English law, and are at odds with Sharı¯‘ah principles.

For those who fear, that after their passing, for whatever reason, there will be dispute as how to distribute assets (and the likelihood of this shouldn’t be underestimated!), or for those who possess assets in excess of £325,000, thereby making their families potentially liable to pay 40% inheritance tax, having a professionally prepared, and if required, tax- efficient Will is absolutely essential. For those who have inheritance tax issues, or those who wish to have the reassurance of having a professionally drafted Will, the key concerns are identified alongside possible solutions.

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Sharı¯ ‘ah Considerations

As per Su¯rat’l-Nisa¯, the main Sharı¯ ‘ah rules pertaining to distribution of

assets upon death are as follows:

1. Any outstanding debts owed by the deceased should be repaid. If a situation arises where the debts exceed the assets left by the deceased, the family are not obliged to repay the shortfall. However, this full repayment would be strongly recommended so as to spare the deceased being held to account for these debts on the Day of Judgement.

2. All funeral expenses should be paid from the assets of the deceased. It is perfectly acceptable (and often the case) that the expenses are met voluntarily by one or more family members. 3. Any bequests (wası¯yyah) made by the deceased should be honoured on condition that the

value of these bequests do not exceed one third of the value of the remaining net assets (assets left after deducting debts and funeral expenses if applicable), and also on condition that the recipient of the bequest is not an individual who is entitled under Sharı¯‘ah to receive a share (e.g. the spouse, child, parent, etc. of the deceased). Many Muslims choose to make a bequest to charity as a means of ensuring some good deeds continue to benefit them even after their death (sadaqah ja¯riyah). Making a bequest is optional but not

compulsory.

The following hadı¯ th refers specifically to bequests:

“It is a duty of a Muslim who has anything to bequeath not to

let two nights pass without including it in his Will.”

(Sahı¯ h’l-Bukha¯ri)

Most contemporary scholars hold that in a country where Sharı¯‘ah law is not applied by the government to one’s assets upon death (as is the case in the UK), then the duty referred to in the above hadı¯th applies not only to bequests but to allassets owned.

4. The remaining assets, after deducting debts, funeral expenses and bequests (if applicable) are to be distributed according to Qur’a¯nic injunction. The actual distribution depends entirely upon the number of surviving family members. Given the wide range of possible distributions, we would recommend consulting a scholar. We have however summarised below the Sharı¯‘ah position which applies to a conventional family situation where the deceased was married with children.

5. If the husband passes away, his parents (if surviving) would each be entitled to 1/6th of the value of the assets. His wife would receive 1/8th and the balance would be split amongst the children in a manner so the son will receive twice the share received by the daughters. 6. If the wife passes away first, the above distribution would be the same except the wife’s

parents stand to inherit 1/6th each, and the husband would receive 1/4th of the assets (not 1/8th). We would also recommend readers consult a local scholar for guidance on how to apply these verses to their own circumstances.

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Example 1

Yunus passes away leaving a wife, a mother and a son. The share distribution would be straightforward and distributed in the following manner:

1. Wife receives 1/8th 2. Mother receives 1/6th 3. Son receives remainder

Example 2

Jameel passes away leaving his wife and two children - a son and a daughter. The share distribution would be straightforward and distributed in the following manner: 1. Wife receives 1/8th

2. Son and daughter share the remainder at a ratio of 2:1

Example 3

Ayesha passes away leaving her husband, her mother, her father and two children- a son and daughter. The share distribution would be straightforward and distributed in the following manner:

1. Mother and father receive 1/6th each 2. Husband receives 1/4th of the assets 3. The remaining balance would be split

amongst the children in a manner whereby the son receives twice the share received by the daughter.

Examples

Example 1

Example 2

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Legal Considerations

A Will must be legally valid so that the courts can enforce its stipulations upon death if enforcement is required. Given that Sharı¯ ‘ah is not recognised under English Law, how does a British Muslim ensure distribution upon death takes place according to Sharı¯ ‘ah principles?

Those who pass away without leaving a legally valid Will are affected by the ‘laws of intestacy’ which effectively require the assets to be distributed amongst the surviving partner and children in shares set by Englishlaw.

If the surviving family of the deceased mutually agree to distribute the assets according to Sharı¯ ‘ah principles, according to English law they will be considered to have voluntarily relinquished the shares

due to them under the intestacy laws and chosen to receive a differing share, as per Sharı¯‘ah law. However, if any member of the family wishes to dispute the share owing to them, then the voluntary arrangement cannot be legally enforced, and if the matter reaches court, then the family members concerned would only be legally entitled to whatever share is due to them under intestacy and thus notSharı¯‘ah law. It is therefore imperative that a legally valid Will is prepared prior to death.

Many couples choose to own their homes or other assets in joint names. If one partner passes away, only

theirhalf- share in the asset will need to be distributed. Under English law, jointly owned assets are usually held under a “joint tenancy”. This means that upon the death of one of the partners, the entire ownership of the asset will automatically pass to the surviving partner. Whilst this may seem a sensible approach in that it will give the surviving partner security especially with regards to the family home, it is clearly against Sharı¯‘ah principles to allow the surviving partner to inherit more than his/her Qur’a¯nic share of the property. It is therefore better to own jointly owned assets as “tenants in common”. This allows the share of the deceased to be passed to the surviving family in

accordance with the Will of the deceased, and hence allows for Sharı¯‘ah law to be applied.

The vast majority of assets are owned as “joint tenants”. In order for the ownership of an asset to be converted from “joint tenants” to “tenants in common”, professional advice is required. Please contact your own solicitor for further advice. There are sadly many instances where the surviving family members are locked into dispute over how to share the assets. In addition to preparing a Will, it is also vital to clarify precisely who owns what asset, especially when all the family members are involved in running the one family business. A clear written agreement specifying ownership of assets between the family members is essential.

The simplest way to resolve this issue is to place assets “under trust”, but only after death has occurred, not prior to death. A trust is a distinct legal entity recognised under English law and is controlled by trustees on behalf of beneficiaries which are usually the family members. Specific trustees can therefore be nominated within the Will, and the Will can also place upon the trustees the obligation of following Sharı¯‘ah principles. This arrangement resolves the above dilemma as the trust is an entity easily enforceable under English law. The responsibility of deciding how to apply Sharı¯‘ah is

conferred upon the trustees, not the courts. As long as the trustees are honest and competent, the Will can thus be implemented according to Sharı¯‘ah, in a legally enforceable manner.

The simplest type of trust recognised under English law is a “bare trust”. This requires trustees to establish the Sharı¯‘ah position and then distribute the wealth of the deceased accordingly. This type of Will can be sufficient as long as there are no inheritance tax concerns and there is no fear of assets being taken unfairly from the beneficiaries.

Jointly Owned Assets

Laws of Intestacy

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Example 4

Yunus passed away leaving his wife, a mother and son. He left a Will behind where he specifically appointed his two close friends, Mohammed and Hafsa, as the responsible Trustees (legal owners) and Executors (managing the estate according to his wishes) and distributing his wealth according to Sharı¯‘ah principles. His total assets on death are worth £324,000 and are held under a “bare trust”. Upon death Yunus’s estate would be distributed by Mohammed and Hafsa according to his wishes.

1. Jameel’s wife will receive the first £250,000 plus any chattels (furniture etc) of the total wealth. 2. The remainder of his wealth will be split in to

two portions (£500,000 each).

3. The first portion will go into a interest-bearing trust and only Jameel’s wife would receive a regular income. If his wife dies, then the surviving children will get accesss to this portion. They will only be able to access it if they are 18 years of age. 4. The second remaining portion will be put into a

separate trust for the children who cannot have access to the trust unless they are 18 years of age.

The son and daughter would receive half each (£250,000 each) of this remaining share. All these consequences are at complete odds with Sharı¯‘ah principles.

From both a legal and Sharı¯‘ah perspective, Jameel could have avoided all the negative consequences had he left behind a valid Will. His family may have amicably distributed his estate according to his wishes and the matter would not have reached the court of law. Jameel’s surviving family are instead forced to adhere to the laws of intestacy which as demonstrated above, is at complete odds with Sharı¯‘ah principles.

Example 5

Jameel passed away leaving a wife and two children - a son and a daughter. His total estate at the time of death was worth £1,250,000 but unfortunately, Jameel died without completing a Will. To make matters worse, a dispute subsequentally occured amongst his family members who failed to resolve the dispute internally and the matter was taken to the court of law. As Jameel died without a legally valid Will, his estate will be affected by the laws of intestacy. This will be resolved by the court of law in the following manner:

Examples

Example 4

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Inheritance Tax and

Asset Protection Considerations

Inheritance tax is payable at a rate of 40% on all assets, including the family home, valued over the nil rate band (NRB). The NRB for the tax year 2010/2011 is worth £325,000. Both the husband and wife are entitled to their own NRB, hence for married couples inheritance tax is normally only an issue if their combined assets are valued over £650,000. Assets transferred to a spouse on death are exempt from inheritance tax, irrespective of the amount transferred. Assets transferred to any other individual are only exempt up to the NRB threshold.

For wealthy individuals, ensuring assets are inherited only by the rightful family members becomes a major concern. Invariably, the likelihood of arguments and legal disputes increases when the deceased leaves behind substantial wealth.

For those with inheritance tax issues, there are many tax planning options available for which professional advice should be sought.

In summary, for those individuals whose total assets are worth less than £325,000, and who are also very confident their families will not require asset protection on death, a bare trust will suffice. A template for an Islamic Will incorporating a bare trust is contained within this guide. For all other individuals, professional advice is required.

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Example 6

Sajid is a single man, leaving behind a total estate of £325,000. His assets can be broken down as:-1. He owns a house worth £285,000.

2. He has stocks and shares worth £20,000. 3. Lastly, he has £20,000 as cash in the bank.

If Sajid was to die, would he have to pay inheritance tax liability? The answer is No as explained in the following table.

Examples

Example 7

Hanif and Umar are both brothers running a joint business with an equal share (50% each). The net value of the business is £800,000. Hanif is single and Umar is married.

If Hanif or Umar were to die anytime soon, would they be liable to pay inheritance tax?

* Married couples can combine their tax allowances i.e. £650,000. Hence Umar here can combine his and his wife’s tax allowance to offset against any potential tax liability upto the value of £650,000. Any wealth above this amount would potentially be taxed at 40%. Professional advice may be sought for bespoke tax solutions.

** Hanif could resolve the potential tax liability if he seeks professional advice and arranges a tax-efficient Will.

Example 6

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Will Template Guidelines

A template of a bare trust Will can be found overleaf. By filling in this template, it is potentially possible for the legal and Sharı¯‘ah issues to be fulfilled. It is vital to remember however, that there is no substitute for taking professional advice as there are many individual issues and scenarios which a template cannot accommodate. This template is therefore provided for information purposes only and does not constitute advice.

For those individuals who have inheritance tax concerns or require assets to be protected more robustly for beneficiaries, a more sophisticated Will is required. Our next section addresses these concerns more fully.

IMPORTANT GUIDELINES TO READ BEFORE COMPLETING THE FREE

ISLAMIC WILL TEMPLATE.

1. You will need to insert information in the white dotted box sections of the Will. 2. Please store this Will template in a safe place and

inform family members of its location.

3. Please compile a list of your main assets and debts, along with details of bank account numbers, land registry records, etc. Attach this information to your Will.

4. You will need to appoint Guardians to look after any minor children and Executors to manage your estate after your death. Please ensure you have obtained consent from prospective Guardians and Executors before you include their details. Should the need arise for a Guardian to be appointed, they will need to consult a scholar over Sharı¯‘ah rules pertaining to guardianship. 5. Sharı¯‘ah principles require funeral expenses,

along with any debt owed to others, to be met first from the wealth left by the deceased. Up to one-third of any money left after this may be distributed as bequests. According to

some scholars this could include the cost of an MRI scan as an alternative to an invasive post mortem, as well as any gifts to charity etc. The remaining estate must then be distributed according to Sharı¯‘ah principles to the surviving family members: usually parents, spouse and children.

6. Please note for married couples, a separate Will is required for both husband and wife. 7. If you wish to use this Will, please ensure the

document is duly signed, dated and witnessed in accordance with English Law and Sharı¯‘ah principles.

8. A Will which is unsigned, or undated or not independently witnessed by TWO persons will not be valid.

9. Please ensure the TWO witnesses are NOT family members, or married to family members, not named Executors and Trustees of the Will, or married to them, and finally are independent adults of sound mind.

THIS WILL IS ONLY SUITABLE FOR:

PLEASE CAREFULLY CONSIDER THE FOLLOWING:

1. Those owning assets in England or Wales who want an Islamic Will valid under English Law. 2. Those whose individual assets are valued at

less than £325,000 or, for married couples, those whose joint assets are valued at £650,000 (40% inheritance tax may be payable on any assets over this amount).

3. Those who expect their surviving family to amicably distribute their wealth upon their death.

If any one of the above three conditions do not apply to you, please do not proceed with using this template, and obtain professional legal or tax advice.

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THIS IS THE LAST WILL AND TESTAMENT OF:

Name ...

Date ...

Last Will &

Testament

TM

1. REVOCATION

I REVOKE all my previous Wills and testamentary dispositions.

2. DECLARATION OF FAITH

I bear witness that there is nothing worthy of worship but Alla¯h, the One, the Merciful, Almighty God, Creator of the Heavens and the Earth and all therein, God of Abraham, Moses, Jesus, Muhammed and all the Prophets, mercy and peace be upon them. He is the One God and He has no partner. And I bear witness that the Prophet Muhammed is His servant and His Messenger and the last of all the Prophets, mercy and peace be upon them all. I bear witness that Paradise is true, and Hell is true. And I bear witness that the coming of the Day of Judgement is true, there is no doubt about it, and that Alla¯h, Who is exalted above all deficiency and imperfection, will surely resurrect the dead of all the generations of mankind; first and last and those in between.

This is my counsel to my relatives and friends, my Muslim brothers and sisters, and all those who remain after me: that they strive to be true Muslims and that they submit to their Creator, may He be exalted, and worship Him as He alone is to be worshipped, fear Him and love Him and His Prophet Muhammed (peace be upon him) with a complete love that is rivalled by nothing besides them. Let them obey Him and hold fast to His Sharı¯ ‘ah. Let them spread and firmly establish His religion of Islam, and let them die only in a state of complete submission to His will.

I remind them that no man and no woman dies before their time. The exact duration of each life span is precisely determined before we are born, by the All-Powerful Creator, may He be exalted. Death is tragic only for the one who lived out their life in self-deception without submitting to the Creator and preparing for the final return to Him. So, do not preoccupy yourselves with my death, but instead make the proper preparations for your own. Maintain patience and self-composure, as the religion of Islam requires. Islam permits male and female relatives to mourn for up to three days. However a widow is required to observe mourning for the duration of her iddah (period of waiting). Wailing and excessive lamentation is forbidden by the Creator, may He be exalted.

Finally, I ask all my relatives, friends and all others, whether they choose to believe as I believed or not to honour my beliefs: I ask them to honour my instructions and wishes in this document and not to seek to alter or obstruct it in any way. Rather, let them see that I am buried as I have asked to be buried, and let my assets be divided as I have instructed them to be divided.

Any other bequests you may wish to make can be added here for example giving up to one third to charity. please delete as required

I request my trustees to donate to insert name, address and Charity Registration number ... ... The amount of insert amount ... absolutely for its general purposes and I direct that the receipt of the Treasurer or other duly authorised officer shall be a sufficient discharge to my Executors.

The foregoing shall be taken from my Trust of Residue, such that its total does not exceed one third of said remainder of the value of my total estate. Otherwise, each of the foregoing contributions shall be proportionally reduced to make the total within the “one-third limit”.

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to be the Executors and Trustees of the Will

3. FUNERAL WISHES

I direct my Executors, surviving relatives and friends to ensure that I have a funeral strictly in accordance with Islamic law, which must include ghusl (washing), jana¯ zah (funeral prayer) and dafn (burial). In particular I do not wish for an autopsy to be performed on my body, and request that my body be released for burial immediately upon death or as soon as is practical. In the event that an autopsy becomes a legal requirement, I would wish that this is met through an MRI scan if my Trustees deem it appropriate. I would also like to be buried in the Muslim Cemetery closest to the place of my death. I am aware that this is a serious obligation and would request that you use your best endeavours to reach agreement over the fundamental matters mentioned and compromise on others if you differ in opinion.

4. GUARDIANSHIP

I APPOINT my {relation} ... of insert address ... to be the Guardian of any of my children who are under the age of eighteen at the time of my

death but if {he/she} is unable or unwilling to act for any reason then I appoint

of insert address ...

5. APPOINTMENT OF EXECUTORS AND TRUSTEES

I APPOINT ... of insert address ... and ... of insert address ...

6. RESIDUARY ESTATE

I GIVE all the residue of my estate (out of which shall be paid my funeral expenses and my debts) and any property over which I have at my death any general power of appointment to my Trustees ON TRUST to sell, call in and convert into money such parts as do not consist of money but with full power to postpone doing so for as long as they see fit without being liable for loss (and such estate and property which currently represents it is referred to in my Will as “the Trust Fund”).

7. TRUSTS OF RESIDUE

MY TRUSTEES shall hold the Trust Fund ON TRUST absolutely to be distributed and where relevant invested in accordance with Sharı¯ ‘ah (Islamic Law), the interpretation and application of which my Trustees in their absolute discretion shall determine provided that such distribution does not breach English Law in which case my Trustees shall apply such modifications as are necessary to comply with English Law.

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Signature of First witness ... Name ... Address ... ... ... Occupation...

Signature of Second witness

... Name ... Address ... ... ... Occupation ... 8. STANDARD PROVISIONS

SUBJECT as below, the standard provisions of the Society of Trust and Estate Practitioners (1st Edition) shall apply with the deletion of paragraph 5 and with the modification of paragraph 6 such that the Trustees have the same additional powers as to the application of capital as they have as to the application of income. NEITHER Section 33 Wills Act 1837 nor Section 11 and 22 Trusts of Land and Appointment of Trustees Act 1996 shall apply to this Will.

MY TRUSTEES are requested to have regard to generally accepted Islamic principles of investment and shall not be liable for the consequences of following such principles, nor for any loss to the Trust Fund that may result from investing, or keeping the Trust Fund or any part of it invested, in Islamic investments rather than non-Islamic investments.

MY TRUSTEES shall not be obliged to insure any part of the Trust Fund and shall not be liable for the consequences of not insuring any part of the Trust Fund.

SIGNED by me on the: (DD/MM/YY) ...

SIGNED by

print name in CAPITALS

SIGNED by the said ...

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LIST OF MAJOR ASSETS & FAMILY DETAILS OF

Please include:

l Properties (include full postal address)

l Bank Accounts (include name of holder, name of bank, sort code, account number) l Shares (include name of companies and number of shares owned)

l ISAs / Pensions etc (include policy numbers and provider name)

l Jewellery / Diamonds / Watches etc (include details of where these are stored)

l Any other valuable assets not mentioned above (please use additional sheets if required)

ASSET 1: ASSET 2: ASSET 3: ASSET 4: ASSET 5: ASSET 6:

Note to Executors / Guardians:

When required, please visit the following weblink for details on how to obtain probate, death certificate, etc:

http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/index.htm insert your name and address

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Family Home £……… Bank Balance £……… Shares/Gilts/Bonds etc £……… Other Property £……… Home Contents £……… Cars £……… Jewellery £……… Other £……… Family Home £……… Bank Balance £……… Shares/Gilts/Bonds etc £……… Other Property £……… Home Contents £……… Cars £……… Jewellery £……… Other £……… Mortgages Outstanding £……… Bank Loan £……… Car Loan £……… Overdraft £……… Credit Card £……… Other Debts £……… Funeral Expenses £……… Mortgages Outstanding £……… Bank Loan £……… Car Loan £……… Overdraft £……… Credit Card £……… Other Debts £……… Funeral Expenses £………

Net Worth (Box A - Box B = C) = £……….

Inheritance Tax Allowance = £650,000 or £325,000 if not married Potential Inheritance Tax Liability = (C - £650,000) x 40%

Total Combined Assets (A) £……….………

Total Combined Liabilities (B) £……….………

Potential Inheritance Tax Liability = £

………

Assets

Liabilities

Completing the wealth calculator will help you better decide which type of Will is right for you. In order to calculate your total wealth, please complete the following:

Wealth Calculator

Will Information Service

For FREE information on making a Will and donating to one of our partner charities, please email [email protected], quoting the name of the charity concerned.

Husband

Wife

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Work through the flowchart below and identify which of the proposed solutions best suits your current circumstance.

Are your total assets worth more than £650,000?

Are you confident your family will, on your death, amicably distribute your assets according to Sharı¯‘ah principles?

Are your total assets worth more than £325,000?

Bespoke tax planning required no

Married Couple

Single Person

no no yes yes yes Interest in possession trust Islamic Will

What Type Of Will Do You Need?

Are you confident your family will, on your death, amicably distribute your assets according to Sharı¯‘ah principles?

no yes

Professionally prepared Islamic Will

Islamic Will

Please contact a specialist probate solicitor for further information.

Please contact a tax planning specialist for further information.

Please contact a specialist trust and tax solicitor for further information.

Please use template from the pullout provided. Please obtain professional advice if you need to convert ownership of any jointly owned assets, such as the family home,to tenants in common. (see page 7 for more details).

Professionally prepared Islamic Will

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Leaving Money to Charity

All bequests to charities are exempt from inheritance tax and capital gains tax. So the benefits of leaving to charity include both the Islamic rewards and a possible financial benefit to your heirs. If your estate is liable for inheritance tax (see page 8), you could reduce the amount due by choosing to give money to charity. You can do this through your Will, or by a declaration to the executors or personal representatives giving instructions as to how you would like your legacy to be distributed. If you are leaving money to charity, make it clear exactly which charity you want to receive your gift. Gifts made to a charity in the seven years before your death are exempt from inheritance tax.

"When a man dies, his acts come to an end, except for three:

recurring charity (sadaqah ja¯riyah), knowledge (by which

people) benefit, or a pious son who prays for him."

(Sahı¯h Muslim)

It is optional for a Muslim to leave upto a third of their estate (after funeral expenses and payment of debts) to whomsoever they wish. If a charity is selected wisely, the gift can become one from which the deceased continues to reap reward for years to come.

Potential Tax Benefits of leaving a gift to Charity

Donating to a Charity using the Will Template

Fill in the box on page 1 of the template with the details of the charity and the donation you wish to make.

Other bequests can also be made here in the space provided, using similar wording. It is often more useful for the charity if a cause isn’t specified, however if the deceased is particularly inclined to have it used for a specific cause, it should be worded as a request, rather than as an obligation. Thus if someone dies, but the charities aims have changed they can still utilise the gift.

The standard wording to express a testator's wish is:

And I express the wish, but without creating any legally-binding obligation, that the said charity use the said bequest for (add intended use).

Islamically, the deceased is only allowed to bequest upto a third of the remaining estate, once debts and funeral costs have been met. Therefore the following clause should be included at the end of the section detailing bequests:

The foregoing shall be taken from my Trust of Residue, such that it’s total does not exceed one third of said remainder of the value of my total estate. Otherwise, each of the foregoing contributions shall be proportionally reduced to make the total within the “one-third limit”.

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Please visit

www.1stethical.com for

more information about

the activities of the

1st Ethical Charitable Trust

Islam has placed great emphasis on distributing the wealth of a

Muslim in a pre-determined manner upon death. These principles

have endured for over fourteen centuries and continue to play a vital

role today, not just in allowing Muslims to fulfil their religious

obligations, but also in preventing wealth from being overly

concentrated in the hands of the few as well as ensuring the

womenfolk in the family have guaranteed rights to wealth in their

own capacity.

This guide has been prepared by the 1st Ethical Charitable Trust in order to enable British-based Muslims to better understand how to put in place a legally valid Sharı¯‘ah-compliant Will.

After addressing the Sharı¯‘ah concerns, and discussing the implementation of the Qur’a¯nic verses on inheritance, we proceeded to look at the legal issues surrounding having a Will for British Muslims.

We have also provided a free Islamic Will template within this guide, which may be suitable for those individuals whose assets are below the inheritance tax threshold, and those who feel their families will amicably resolve matters on their passing.

We pray the Almighty is pleased with this guide, and that it helps Muslims to better fulfil their Islamic obligations. Any errors contained herein are from ourselves, whilst any guidance is only from our Creator.

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Charities

Ummah Welfare Trust (UWT) is a UK registered international relief and development charity. It aims to relieve the suffering of the poor and alleviate poverty across the world. Established in 2001, UWT operates in over 25 countries across the globe. UWT operates under a unique 100% Donations Policy. This means that the charity will

ensure that every penny donated will reach its intended destination without making deductions to cover administration or fundraising costs. The work of the charity is supervised and regulated by Scholars who ensure that all transactions are 100% Sharı¯‘ah compliant.

Ummah Welfare Trust

Muslim Aid is a UK-based international relief and development organisation working to alleviate poverty worldwide. Working for 25 years to help save and improve the lives of millions in over seventy of the world’s poorest countries, the charity believes in sustainable, local and practical solutions to empower individuals and strengthen communities. Since its inception, the number of community-based humanitarian organisations

that Muslim Aid works with has been constantly growing. We are committed to a partnership-based approach to poverty eradication and empowerment, and our network of partners now covers most of the countries we work in. By working through partners, we are able to ensure that more of your donations reach those in need, rather than being spent on administration.

Muslim Aid

Established in 1993, Muslim Hands is an international NGO working in over forty countries worldwide to help those affected by natural disasters, conflict and poverty. Muslim Hands is a UK Registered Charity (No. 1105056) and a signatory to the Code of Conduct for the

International Red Cross and Red Crescent Movement. Muslim Hands' trustees, who are all volunteers, form the governing body of Muslim Hands and are legally responsible for all of the organisation's activities under

the Charities Act.

Muslim Hands

Islamic Relief is an international aid and development charity, which aims to alleviate the suffering of the world's poorest people. It is an independent Non-Governmental Organisation (NGO) founded in the UK in 1984 by Dr Hany El

Banna. As well as responding to disasters and emergencies, Islamic Relief promotes sustainable economic and social development by working with local communities - regardless of race, religion or gender.

Islamic Relief

"When a man dies, his acts come to an end, except for three: recurring charity (sadaqah ja¯riyah),

knowledge (by which people) benefit, or a pious son who prays for him."(Sahı¯h Muslim)

1st Ethical are proud to be partnering with four of the largest British Muslim charities detailed below, who all have long standing and impressive expertise in delivering humanitarian aid. They are therefore worth considering for those wanting to leave a legacy as part of their Will.

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1 s t E t h i c a l C h a r i t a b l e Tr u s t ’s G u i d e t o