Sharia law and Wills

[Clitheroekid]

I found this article explaining the rules of Sharia law in relation to the making of Wills interesting - https://imprivateclient.passle.net/post/102ihmv/a-guide-to-sharia-compliant-wills

However, the article raise more questions than it answers, in particular whether, and to what extent an English court would be influenced by a Will that complied with Sharia law but not English law.

For example, one of the Sharia rules is that male children get twice the shares of female children. But imagine a situation where the testator had, in compliance with this rule, left his son twice as much as his daughter but the son was wealthy and the daughter was living on benefits.

English law would allow her to make a claim for additional provision from the estate under the Inheritance (Provision for Family and Dependants) Act 1975. However, if the judge was inclined to award her additional provision that would be overriding Sharia law, which would potentially cause considerable distress to other members of the family, not just the son, and could be seen as disrespectful of the testator's religious beliefs.

Or it might happen that a father had made a Will excluding his illegitimate child from inheritance, which is permitted under Sharia law. However, under English law an illegitimate child has the same rights as a legitimate one, so would be able to make a claim.

It's perhaps surprising that there appear to be no reported cases as to how the two systems of law should be reconciled. I can only assume that any such conflicts have been resolved by way of a settlement, on the basis that going to court in the absence of any legal precedent to provide guidance might be too much of a gamble for both sides.

[Tedx]

It's perhaps surprising that there appear to be no reported cases as to how the two systems of law should be reconciled.

Is there a need for reconcilliation? I didn't think Sharia Law applied in this country.

[MyNameIsUrl]

...
For example, one of the Sharia rules is that male children get twice the shares of female children...

A Muslim colleague explained to me that if for example an estate was 150k, the daughter would get 50k and the son 100k, which I thought sounded unfair, but the daughter would keep the 50k to spend on whatever she wanted, while the son could be responsible for looking after grandma and grandpa, aunts and uncles, cousins etc.

[didds]

...
For example, one of the Sharia rules is that male children get twice the shares of female children...

A Muslim colleague explained to me that if for example an estate was 150k, the daughter would get 50k and the son 100k, which I thought sounded unfair, but the daughter would keep the 50k to spend on whatever she wanted, while the son could be responsible for looking after grandma and grandpa, aunts and uncles, cousins etc.

I saw this explained yesterday online strangely enough... and on top of that list of relatives it also includes... the sister!

so basically 50K each plus 50K to him to look after everybody else in this example

didds

[Lootman]

Or it might happen that a father had made a Will excluding his illegitimate child from inheritance, which is permitted under Sharia law. However, under English law an illegitimate child has the same rights as a legitimate one, so would be able to make a claim.

I had not thought about that before but I must admit that I think Sharia law has this right.

Unless that child is not yet an adult but then in that case presumably child support could be ordered. But if an adult child that I knew nothing about suddenly appeared to challenge my will because there was a possible inheritance then I would like to think that the law should tell him/her to take a hike.

[scrumpyjack]

As I understand it, Sharia law has no legal status in the UK

https://researchbriefings.files.parliam ... 9-0102.pdf

But I suppose a muslim woman would want to avoid getting into a conflict about it?