Your puzzlement is understandable, LG.
The issue is that of solicitors' advice. Further, the manner in which Muslims see fit to distribute their estate contravenes the spirit of certain sections of the Wills Act 1837. For example, unless specifically stated by the testator, if a person who is a beneficiary under a will dies before the testator, under S37 of the Act the bequest automatically passes to the descendent(s) of the original beneficiary. This, apparently, is not permitted under Sharia Law and solicitors are being advised to delete or amend some standard will clauses. Once again it is, of course, entirely up to the will maker to decide how his estate is distributed. But the difference now is that solicitors are being given guidance that are clearly in contravention of the general rules regarding wills. Furthermore, the UK has taken great strides to ensure, as far as possible, discrimination does not take place and we have laws to prevent it. Yet here we have a large and significant group of people who discriminate against women in many respects and in the matter of inheritance they are now to be given advice which is clearly contrary to the spirit of UK law and indeed to UK values.
However, it is not that which worries me so much. More important to me is that if such practices receive tacit acceptance by incorporating such advice into solicitors’ guidelines, as I said earlier, it will be a short step to having those practices incorporated into intestacy law.
If any other large group were to discriminate against women and “non-believers” in the manner in which Muslims do there would be shouting from the rooftops. But here we have guidance issued to lawyers which encourage that discrimination to prevail. I too am puzzled because I don’t understand the discrepancy. There is no place in the UK for Muslim attitudes towards women and whilst it won’t be eradicated it should not be officially encouraged.