Is It Permissible for a Solicitor to Prepare a Will for a Muslim Client Contrary to Quranic Inheritance Laws?
Answered by Mawlana Ilyas Patel
Question
I am a solicitor and work for a law firm. We prepare wills for Muslim and non-Muslim clients. Can I prepare a will for a non-Muslim client whereby he leaves his estate according to his personal wishes?
Can I prepare a will for a Muslim who wishes to leave his estate according to his own wishes, which does not reflect the inheritance law as found in the Shari‘a?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you are in good faith and health. Thank you for your question and for seeking clarity and answers on religious issues.
You can help prepare a will for a non-Muslim client according to their wishes. However, it would be sinful to help Muslims prepare their will according to their wishes and not to the divinely ordained shares. It is better to avoid this and request and speak to your manager about the sensitivity and importance of dealing with such matters and if they can assign these types of client requests to other non-Muslim employees.
Degrees of Assisting in Sin
In the Hanafi school, the degrees of assisting another in sin are:
- Direct assistance in sin,
- Indirect assistance in sin,
- Possible cause for sin.
It is impermissible (haram) to do something that directly assists in sin, slightly disliked (makruh tanzihan) to do that which indirectly assists in sin, and better to avoid something that may be a possible cause for sin. However, the earnings will fall into the latter two categories and will remain halal. [Taqi Usmani, Fiqh al-Buyu‘; Nahlawi, Durar al-Mubaha]
Also, as a note, it would be good for the company to have a department dealing with Islamic wills and inheritance. Below are a few links for you.
I would like you to go through the valuable answers and links below. You will receive guidance and direction, in sha’ Allah.
Related:
- What Are the Principles of Work and Assisting in Sin? [Video]
- Shariah-Compliant Islamic Wills UK | I Will Solicitors
- Wills – Fairmont Legal – Bolton Law Firm
- Islamic Wills UK 2022 – The Complete Muslim Guide
Why not begin your search for knowledge by signing up for a course on SeekersGuidance?
I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.
