بِسۡمِ اللهِ الرَّحۡمٰنِ الرَّحِيۡمِ
Many people ask, "Should I or do I need to document the inheritance shares of my heirs in my Islāmic Will?" The answer to both these questions is, "No." There is no need and it is better not do so in my personal opinion. Simply because you do not know who your heirs will be when you die. Furthermore, the state of your current heirs may change in such a way that your current heirs are no longer your heirs from an Islāmic law perspective.
If you feel the need to document the exact share of each heir to increase the level of certainty of your Will you would need to document all possible scenarios of possible heirs that you may leave. This can be done by attaching a generic schedule of Inheritance which documents all possible scenarios, or by incorporating such a document by reference which is allowed in English law. Including such a Schedule in your Islāmic Will means you do need to have a Trust-based Will, it reduces the chances of a legal challenge since the exact shares of each heir is clearly documented and any interpretation of the law has been clarified.
A complete Schedule of Inheritance (Hanafi fiqh) is attached below which cover all scenarios for up to 4 generations above and below, which can be used in a Will-based or Trust-based Islāmic Will. This Schedule can be found in the book "The Islamic Law of Wills and Inheritance". Any masjid in the UK can apply for one free copy of this book through this website if you do not already have one or by contacting the author.
Dr. A. Hussain
