Guidance to solicitors on ‘Sharia compliant’ Wills

The Law Society has issued controversial guidance to solicitors which may mean they are able to write “Sharia compliant” Islamic wills that deny women an equal share of inheritances and exclude unbelievers altogether.

The documents, which would be recognised by Britain’s courts, could also prevent children born out of wedlock or those that have been adopted, from being counted as legitimate heirs.

Sharia principles also only recognise Muslim weddings for inheritance purposes, so anyone born in a church would be excluded.

Nicholas Fluck, president of The Law Society, said the guidance would promote “good practice” in applying Islamic principles in the British legal system. Others, including Baroness Cox, a cross-bench peer leading a Parliamentary campaign to protect women from religiously sanctioned discrimination, including from unofficial Sharia courts in Britain, said it was a “deeply disturbing” development and pledged to raise it with ministers.

The guidance, published and distributed to solicitors in England and Wales in March, details how wills should be drafted to fit Islamic traditions while being valid under British law. It contains suggestions such as deleting or amending standard legal terms and words such as “children” to ensure that those deemed “illegitimate” are denied any claim over the inheritance.

It further recommends that some wills include a declaration of faith in Allah which would be drafted at a local mosque, and hands responsibility for drawing up some papers to Sharia courts.

The guidance goes on to suggest that Sharia principles could potentially overrule British practices in some disputes, with examples of areas that would need to be tested in English courts. Currently, Sharia principles are not formally addressed by or included in Britain’s laws.

If you’d like information on making a Will, please contact Vicky Jones at Lawson-West on 01858 445 480.

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