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Is UK’s inheritance tax of 40% on assets passed to non-spouse against Islamic law?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
In United Kingdom there is inheritance tax of 40% of the value, but there is no tax if husband or wife make a will to each other. Is this against the Islamic law?

بسم الله الرحمن الرحيم

(Fatwa: 1326/1426/L=12/1436)

According to the Shari’ah, there is no will valid for an heir. However husband and wife can make a will to each other in order to save the income. And as per the will when the amount is saved after the death of any of the husband and wife then it shall be divided among the heirs as per their Shariah shares. However, it shall not be lawful for the spouses to follow the will.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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