Muslim Legal Services in Sydney

Allah’s Messenger (ﷺ ) said, “It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him.” (Sahih al-Bukhari, 2738 – Book 55, Hadith 1). Preparing a legal will is both a vital civic responsibility in New South Wales and a profound religious obligation for Muslims. At Avicenna Lawyers, we specialise in drafting legally binding wills that strictly honour Islamic principles of inheritance (Faraid) and charitable bequests (Wasiyyah) while ensuring full compliance and seamless administration under Australian law. Protect your family’s legal rights and religious intentions. Without a valid, tailored Islamic Will, your estate is subject to standard statutory intestacy formulas under the Succession Act 2006 (NSW), overriding your religious intentions and potentially creating costly court disputes.

Our Estate Planning Services

Comprehensive Solutions for Your Needs

Sharia-Compliant Estate Planning

We offer advice tailored to Islamic principles, ensuring your estate planning is compliant with Australian law.

Guardianship Planning

Plan for your minor children's future with our guardianship services, reflecting your values and legal requirements.

Enduring Powers of Attorney

Create enduring documents that allow trusted individuals to manage your affairs, even if you lose capacity.

Family Provision Advice

Navigate family provision claims and ensure your estate is protected from disputes.

Probate and Estate Administration

We assist with the complex processes of probate and estate administration to honor your wishes.

Binding Financial Agreements

Secure your financial future with binding agreements that align with your estate planning.

Charitable Bequests

Incorporate charitable intentions in your will, ensuring your legacy supports your community.

Legal Validity Assurance

Our Islamic wills comply with Australian law, ensuring they are valid and enforceable.

Inheritance

Plan the distribution of your assets according to Islamic inheritance principles while addressing your family’s needs and Australian legal requirements.

How We Work

Our Experience

Power of Attorney

A Power of Attorney allows you to appoint a trusted person to manage your financial and legal affairs while you are alive. This may include tasks such as accessing and managing your bank accounts, signing documents, handling property transactions, and making financial decisions on your behalf.

Enduring Power of Attorney

An Enduring Power of Attorney provides the added protection that your appointed attorney can continue to act for you even if you later lose the mental capacity to make decisions yourself. This ensures that someone you trust can continue to manage your financial and legal affairs when you may no longer be able to do so.

Enduring Guardianship

An Enduring Guardianship Appointment allows you to appoint a trusted person to make personal, lifestyle and medical decisions for you if you lose capacity to make those decisions yourself. This is different from a Power of Attorney, which only relates to financial and legal matters. The document is designed to ensure that the appointed decision-maker is guided by the person’s faith-based values, including by excluding end-of-life decisions that are inconsistent with Islamic teachings.

Areas We Help In

Areas We Serve

Sharia-Compliant Wills and Islamic Estate Planning

Sharia-compliant estate planning under Australian law
Preparation of legally valid Islamic Wills
Estate distribution according to Islamic inheritance principles
Planning based on Qur’anic fixed inheritance shares
Identification of eligible Islamic heirs
Calculation and documentation of inheritance entitlements
Planning for charitable bequests through Wasiyyah
Advice regarding the permissible one-third charitable bequest
Appointment of suitable executors
Guidance for executors administering an Islamic estate
Guardianship arrangements for minor children
Provision for children and other financial dependants
Planning for blended and extended Muslim families
Protection of religious intentions within a legally enforceable Will
Review of existing Wills for Sharia compliance
Updating Wills following marriage, divorce or family changes
Succession planning for property, businesses and investments
Binding Financial Agreements as part of succession planning
Asset protection planning for families and business owners
Advice on reducing the risk of family provision claims and estate disputes

Powers of Attorney, Guardianship and Estate Administration

Preparation of a General Power of Attorney
Preparation of an Enduring Power of Attorney
Sharia-modified Enduring Power of Attorney documents
Appointment of a trusted person to manage financial affairs
Authority to access and manage bank accounts
Authority to sign legal and financial documents
Authority to manage property transactions
Financial decision-making arrangements during incapacity
Preparation of an Enduring Guardianship Appointment
Appointment of a trusted guardian for personal decisions
Medical and healthcare decision-making arrangements
Lifestyle and accommodation decision-making arrangements
Faith-based instructions for appointed guardians
Guidance regarding medical treatment consistent with Islamic values
Exclusion of end-of-life decisions inconsistent with Islamic teachings
Probate applications and Supreme Court estate procedures
Letters of Administration where no valid Will exists
Estate administration and distribution to beneficiaries
Advice for executors, administrators and beneficiaries
Family provision claims, contested estates and inheritance disputes

Clear Guidance in Complex Times

At Avicenna Lawyers, we provide clear, practical, and dependable legal support. With over 30 years of combined experience, we offer grounded, modern advice that helps clients navigate complex situations with confidence. Our work is driven by integrity, diligence, and a commitment to meaningful results.

Sydney Court Downing Centre

Your Questions Answered

Learn more about the legal process and what to expect when working with our team.

Is an Islamic (Sharia-compliant) will legally valid and recognised under Australian law?

Yes. An Islamic Will is legally recognised under Australian law, provided it complies with the standard statutory formal requirements for a valid will in the relevant state or territory. Australian succession law operates on the principle of testamentary freedom, which allows individuals to dispose of their estate according to their religious beliefs, including Islamic inheritance principles.

How does Islamic inheritance law differ from Australian secular law?

While Australian secular law is built on the principle of testamentary freedom, granting individuals total discretion to leave their property to whomever they choose, Islamic inheritance is structured around a system of fixed succession. Under Islamic principles, an estate is divided according to predetermined shares outlined in the Quran. This framework prioritises the financial security and continuity of the broader family unit, distributing property based on established familial entitlements rather than the personal preferences of the deceased. In contrast, statutory succession laws across all Australian states and territories give precedence to the individual’s right to decide how their assets are distributed upon death.

Why is an Islamic Will necessary in Australia?

An Islamic Will is necessary in Australia because if a person dies without a valid will (known legally as dying intestate), their estate will be distributed according to the intestacy laws of the relevant Australian state or territory. Those laws are secular and do not reflect the Islamic rules of inheritance, including the Qur’anic allocation of fixed shares to specified heirs. A properly drafted will that complies with Australian law allows a Muslim to direct the distribution of their estate in a manner that seeks to align with Islamic inheritance principles. However, Australian law, including family provision legislation, may affect the extent to which those wishes are ultimately implemented.

Can an Islamic will be challenged under Australian law?

Yes. While Australian law permits testamentary freedom, it remains subject to statutory family provision legislation (such as under the Succession Act 2006 (NSW) and state equivalents). If strict adherence to Qur’anic inheritance rules leaves an eligible dependant (such as a spouse, child, or financial dependant) without adequate maintenance or support, that individual retains the right to apply to the Supreme Court for a family provision order. Because of the interplay between Sharia requirements and Australian succession law, it is strongly advised to consult a lawyer experienced in both jurisdictions to ensure the will is both religiously compliant and legally robust.

How often should I update my Islamic Will?

You should review your Will after any significant change to your personal, family or financial circumstances. This may include: • Marriage or divorce • Birth or adoption of children • Purchase or sale of significant assets • Death of a beneficiary or executor • Changes in your financial circumstances • Changes in Australian succession law These are common examples only and are not an exhaustive list. Whether your Will should be updated will depend on your individual circumstances, so it is advisable to seek legal advice if you are unsure.

Book a Confidential Estate Consultation

Ensure your legacy is secured with complete peace of mind, full Australian legal enforceability, and strict religious integrity. Contact Avicenna Lawyers today to schedule a consultation with our experienced Sydney estate planning solicitors.