Question Summary:
Is it permissible for a solicitor to prepare a haram will?

Question Detail:

 
Some Muslim solicitors in the U.K. who are involved in writing Wills offer their Muslim clients a Shariah compliant Will or a standard English law Will. Both Wills would be acceptable according to English law. Some of the Muslims clients choose the English Will which clearly violates Shariah law, so the distribution of inheritance is not according to Shariah.
My questions are:
Q1. What is the status of Muslim solicitors offering Muslim clients an English Will which is in clear violation of Shariah. Is it haram, makruh, jaiz?
Q2. What is the legal status of the earnings made from such a transction. Is the earnings halal, haram, makruh, jaiz or otherwise?

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
 
Assalāmu ‘alaykum wa rahmatullāhi wa barakātuh
It is not permissible for a solicitor to prepare a non-Sharī‘ah compliant will for a Muslim client as it will amount to assisting in sin.[1] The wages received from preparing such a will will be harām. It will be necessary to return the money to the client and, if this is not possible, to dispense of it by giving it to the poor. [2]
And Allah Ta‘ālā Knows Best
Zameelur Rahman
Student Darul Iftaa
UK
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net