Mizaanly for Solicitors

What Clients Bring to You

Without Mizaanly, a Muslim client comes to a wills consultation with a general intention — “I want an Islamic will” — and no structured calculation. You then need to determine who qualifies as an heir under their madhab, what fraction each heir receives, whether Awl or Radd applies, and how a wasiyyah should be handled. Most general practice solicitors do not have this knowledge at hand, and referring the client elsewhere introduces delay.

With Mizaanly, the same client arrives with a printed or digital Solicitor Instruction Letter containing the full Faraid calculation and the suggested Gift of Residue clause wording. The letter is structured in four sections (A—D) that map directly to what you need when drafting clauses 2–6 of a standard UK will. Section B gives you the clause wording; Section D gives you the drafting notes. Open the letter, go to Section B, and you have the inheritance distribution in a form that goes straight into the will.

What the Solicitor Instruction Letter Contains

The Solicitor Instruction Letter is a professional five-page PDF structured in four sections that map directly to what you need when drafting a will:

The letter does not constitute legal advice and does not replace your judgement on IHT structuring, property co-ownership, or any statutory provisions applicable to the client’s specific circumstances. It gives you the Islamic calculation and clause wording; you provide the legal instrument and professional judgement.

View a sample Solicitor Instruction Letter →

The Scholarly Basis of the Calculation

Clients asking for a Sharia-compliant will are placing significant trust in the accuracy of the underlying calculation. This matters to you as solicitor: if the Faraid distribution in the instruction letter is wrong, the will you draft will be wrong too.

Mizaanly was built by Mufti Maruf Al Hasan, a Mufti practising in the UK who holds a Master’s in Fiqh from the Markazul Quran Islamic Research Centre, Dhaka. The calculation engine was reviewed in full by Mufti Azizur Rahman, Assistant Mufti and Chief Disciplinary Officer at the Jahura Kamal Islamic Research Centre, Aftabnagar, Dhaka, who holds a Master’s in Fiqh and Islamic Economics.

The review covered the cases most likely to produce errors:

• Awl — proportional reduction when assigned shares exceed the estate
• Radd — surplus return when shares fall short and no residuary heir exists
• Grandfather competing with full siblings (the most significant cross-madhab difference)
• Multi-generational chains where an intermediate heir has predeceased
• Wasiyyah interaction with the net estate after debts

Every heir’s share in the engine traces directly to Surah An-Nisa 4:11, 4:12, and 4:176 and the four major madhab positions. The calculation is deterministic — the same inputs always produce the same result — and the scholarly basis for each share is recorded in the letter.

For the full scholarly background, see the About Mizaanly page.

Your Role as Solicitor

Mizaanly handles the Islamic calculation. You handle the legal instrument and the areas of English law that the calculation cannot address. Specifically:

Drafting and executing the will

The will must be executed under the Wills Act 1837 with the formal requirements: in writing, signed by the testator in the presence of two witnesses who also sign. Mizaanly does not produce a legally binding will — it produces the instruction document from which you draft one. You are responsible for the validity of the instrument.

Inheritance Tax advice

Depending on the estate composition, two IHT interactions are common in Islamic wills:

• Spousal exemption: Transfers to a UK-domiciled spouse are exempt from IHT without limit. Under Faraid, the wife’s share (1/8 or 1/4) is typically less than the nil-rate band threshold, so IHT is rarely the primary concern on the spousal portion — but for larger estates, structuring the will to maximise the nil-rate band on non-spousal shares requires advice.
• Non-Muslim spouse: Under Faraid, a non-Muslim spouse has no fixed share. A wasiyyah directing up to one-third to a non-Muslim spouse qualifies for the spousal IHT exemption if received as a bequest from a UK-domiciled deceased. Specialist advice is required where the estate is large or the domicile question is uncertain.

Property co-ownership

If the client co-owns residential property as joint tenants, the right of survivorship operates at death — the property passes to the surviving co-owner outside the estate and outside the will. Faraid cannot apply to an asset that never enters the estate. Before executing an Islamic will, advise the client to check their Land Registry title for a Form A restriction. If none is present, they are almost certainly joint tenants and should consider severance before the will takes effect. See our guide on jointly-owned property and Islamic inheritance for the practical process.

Inheritance (Provision for Family and Dependants) Act 1975

A will that strictly follows Faraid may exclude or provide less than expected to a spouse, cohabiting partner, or dependent child — any of whom may have grounds for a claim under the 1975 Act if not adequately provided for. Where a Faraid distribution leaves a financially dependent person with significantly less than they require, advise your client of the risk and the options (wasiyyah, lifetime provision, trust structures) before finalising the will.

Pension death benefits and life insurance

Pension death benefits are typically paid at the discretion of the scheme trustees — not through the estate — and are therefore unavailable to Faraid distribution unless the estate is nominated as beneficiary. Life insurance written in trust also bypasses probate. Advise clients to review their pension nomination forms and any trust-held policies separately from the will.

Common Client Questions You Will Encounter

The following questions arise regularly in Islamic estate planning consultations.

Does an Islamic will override UK intestacy rules?

Only if properly executed as a formal will under the Wills Act 1837. English law applies the Administration of Estates Act 1925 intestacy rules to anyone who dies without a valid will — regardless of religion. A verbal intention, an unsigned document, or a will executed without proper witnesses has no legal force. Mizaanly produces an instruction letter, not a will. The legal instrument you draft is what gives the distribution legal effect.

My non-Muslim spouse — do they inherit under my Islamic will?

Under classical Faraid, a non-Muslim spouse holds no fixed Quranic share — a position consistent across all four Sunni madhabs. However, a wasiyyah of up to one-third of the net estate can be directed to a non-Muslim spouse. This is the most widely adopted approach for UK Muslim clients with non-Muslim spouses. Clients should confirm the wasiyyah amount with their scholar before instructing you to include it.

Can I leave more to one child than another?

Faraid assigns fixed fractions. A testator cannot voluntarily reduce an heir’s Faraid share — doing so would be distributing the estate contrary to the Quranic obligation. The wasiyyah (up to one-third of the net estate) can be directed to non-heirs — for example, a charity, a non-Muslim spouse, or an organisation — but cannot be used to increase one Faraid heir’s share at the expense of another.

We co-own the family home — do we need to do anything about the mortgage?

Severance from joint tenancy to tenancy in common changes the form of beneficial ownership, not the mortgage obligations. Both borrowers remain jointly and severally liable for the full debt after severance. Most modern residential mortgage deeds do not restrict the form of co-ownership, and lenders do not usually need to be notified — though a courtesy copy of the severance and Form A restriction is good practice. For older mortgages, buy-to-let products, or commercial finance, check the specific deed.

Can I name a guardian for my children in the Islamic will?

Guardianship under English law is governed by the Children Act 1989 and is entirely separate from inheritance. A testamentary guardian nominated in a will takes effect on death but does not override parental responsibility held by a surviving parent. Advise clients that an Islamic will handles financial distribution; guardianship requires separate consideration and, for large estates, may benefit from a trust structure alongside the will.

How to Recommend Mizaanly to Clients

If you regularly handle Islamic estate planning or serve a Muslim client community, recommending Mizaanly as a first step before consultation has three practical benefits: it saves consultation time, it reduces the risk of calculation errors entering the will, and it means clients arrive with structured and reliable documentation rather than handwritten notes or verbal estimates.

The calculation is free. Clients pay £29 only when they download the Solicitor Instruction Letter PDF. The letter is available immediately after payment — there is no delay, no subscription, and no account management overhead on your side.

Questions about a specific letter

If you receive a Solicitor Instruction Letter with a calculation you want to verify or query — for example, if the client’s family composition has changed since the calculation was run, or if you have questions about how a particular scenario was handled — contact us at hello@mizaanly.com. We respond within two business days.

Frequently Asked Questions

Is the Mizaanly calculation and letter reliable enough to rely on for drafting a will?

Yes. The calculation engine was built by a practising Mufti and reviewed in full by a specialist in Fiqh and Islamic Economics. It covers all four Sunni madhabs and handles complex scenarios including Awl, Radd, grandfather-sibling disputes, and wasiyyah interaction. Every share traces directly to Surah An-Nisa 4:11, 4:12, and 4:176 or authenticated hadith — the Quranic basis is stated per heir in the letter so you can verify any fraction against the source before using it. The calculation is deterministic: the same inputs always produce the same result. The letter is structured as a formal solicitor instruction document — not a consumer summary — with a case reference on every page, formal A–D sections, and the madhab applied recorded throughout. As with any professional referral, you retain responsibility for the accuracy of the instrument you draft.

What if the client changes their mind about the madhab after the letter is issued?

The client can recalculate under a different madhab at any time — the calculation is free. Changing the madhab selection generates a new case and requires a new £29 PDF purchase. If a client brings you a letter and later changes their madhab selection, you will receive an updated letter; advise the client to notify you of any changes before the will is executed.

Does Mizaanly cover Scottish law?

The Mizaanly Solicitor Instruction Letter references the Wills Act 1837, which applies to England and Wales. Scottish succession law is governed by the Succession (Scotland) Act 1964 and differs materially, including the existence of prior rights and legal rights (legitim) that cannot be excluded by will. We recommend clients in Scotland seek a solicitor with specific Scottish succession experience for the legal instrument.

Can Mizaanly handle estates with property in multiple countries?

Mizaanly calculates the Faraid distribution for the net distributable estate the client enters. The legal treatment of foreign-sited assets — property in Pakistan, bank accounts in the UAE, shares held overseas — is governed by the private international law of each jurisdiction and is outside the scope of the Mizaanly calculation. Clients with multi-jurisdictional estates require specialist cross-border estate planning advice alongside the Faraid letter.