Sharia law and wills.
Some people have written to me about this topic so this is my response.
I can assure you that Sharia 'law' has no jurisdiction in England and Wales and the Government has no intention to change this position.
The content of peoples’ wills is for them, not the Government - it is not for the law to judge the choices individuals make. If the Law Society issues guidance to its members on how to respond to clients’ requests, that’s for the Law Society.
There is no sharia-concept in the law. Nor will there be. And the legal framework around testaments will not be changing.
Here are the responses to some questions that have been asked and it might make it clearer, I have also included some background information which might be helpful.
Is the Gov happy about this?
The Government is clear that Sharia Law has no jurisdiction in the UK and all wills must be compliant with UK law. The Government has no intention to change this position.
Is it illegal to act discriminately in a will?
No, there is nothing in law prohibiting people’s choices. Clearly, wills can be contested in the courts.
What would currently constitute an illegal will?
A will would be unlawful if it has been made when the person does not have full mental capacity, or if it has not been witnessed by two people. There are no laws restricting who an estate can be left to.
Is the Gov concerned that the Law Society is giving a stamp of approval to discriminatory practices?
The guidance was issued by a professional body for solicitors – not by the Government or the judiciary. Sharia 'law' has no jurisdiction in England and Wales and the Government has no intention to change this position.
Is it fair to discriminate on grounds of gender or legitimacy?
The content of peoples’ wills is for them, not the Government - it is not for the law to judge the choices individuals make.
What about Sharia marriages?
A Sharia marriage does not have any legal standing in the UK. The couple would need to have a separate ceremony which is recognised by UK law in order to give legal standing to the marriage. All marriages in this country have to comply with the marriage law of England and Wales. Any marriage ceremony that does not meet these legal requirements would not be recognised.
Background information
Under UK law, people can leave their estate to whoever they choose, as long as their Will is drawn up in a legally compliant way (the person making the will must be of sound mind, and it must be witnessed by two people).
This means they can specify if they want, who they do and don’t want their possessions left to (for whatever reasons they like). So if someone wants to draw up a will based on Sharia principles they can - so long as it is compliant with UK law. People can contest a will if they think it has been drawn up incorrectly but, in reality, they are unlikely to have any grounds to challenge purely on the basis that they are unhappy at being excluded (for whatever reason).
The Law Society (which is a trade body, completely independent of Government) updated their guidance to their clients several weeks ago, as part of usual business and it is this that has been reported. Their guidance does not change the law or how it is applied.
Nothing in English law prevents people abiding by Sharia principles if they wish, provided their actions do not conflict with English law. If they do, English law prevails.
Law Society response: "The guidance we published is purely to help solicitors who have Muslim clients who have asked them to prepare a will that is consistent with Sharia succession rules."