The foundations of Sharia law

We are delighted to welcome you to the first article in Birketts’ Sharia Advisory Services series. This will be the first in a series of articles published periodically, each designed to offer insight into key aspects of Sharia and its practical relevance for individuals, families and businesses.

In this opening piece, we introduce the foundations of Sharia, explore why it matters to Muslim clients, outline the different schools of Islamic jurisprudence, consider global variation in its application, and explain how Birketts can support you.

1. What is Sharia?

Sharia, often translated as “the path”, represents the moral, ethical and legal framework derived from Islamic principles. It guides a wide range of matters in a Muslim’s life, including personal conduct, family relationships, financial dealings and spiritual obligations.

Contrary to common perception, Sharia is not a single unified system, but a rich and evolving body of jurisprudence developed over more than fourteen centuries.

Its principles are derived from four primary sources:

• The Qur’an – the foundational text of Islam
• The Sunnah – the teachings, practices and sayings of the Prophet Muhammad
• Ijma’ (scholarly consensus) – agreement among qualified jurists
• Qiyas (analogy) – reasoning by analogy to address new circumstances

These sources give rise to a sophisticated legal tradition that plays an important role for Muslim individuals, families and businesses worldwide.

2. Why Sharia matters for Muslim clients

For many Muslims, Sharia is not simply a religious concept but a comprehensive framework that provides guidance and certainty in areas such as marriage, inheritance, charitable giving, financial ethics and personal conduct.

In the UK, Muslim clients often seek legal advice that respects both their religious obligations and the requirements of English law.

The UK is home to one of Europe’s largest and most diverse Muslim populations. As communities grow and business activity becomes increasingly global, lawyers are frequently called upon to:

• draft wills compliant with both Sharia principles and English law and which mitigate Inheritance Tax as far as possible
• navigate cross‑border family, succession and inheritance matters involving Sharia‑based jurisdictions
• advise on matrimonial matters, including Islamic marriage contracts (e.g. prenuptial contracts)
• structure commercial agreements that avoid interest‑based transactions (Riba)
• support clients in reconciling religious duties with UK regulatory frameworks.

A thoughtful and informed approach helps clients feel understood and reduces the risk of conflict between religious expectations and domestic legal outcomes. It also positions firms to serve international clients operating in Sharia‑influenced markets across the Middle East, Southeast Asia and Africa.

3. Different schools of Islamic jurisprudence

Sharia is interpreted through several established schools of thought, each with its own methodologies. Understanding these differences ensures accurate, tailored advice.

The two main schools of thought are the “Sunni” and “Shia”. The main distinction between the Sunni and Shia concerns the succession to leadership of the Muslim community (or “Ummah”) after the death of Prophet Mohammad, but over time further differences have developed. Each school of thought is further sub-divided into different schools of jurisprudence.

Sunni schools

• Hanafi: the most widespread; known for flexibility in analogy and reasoning. Roughly one-third of Muslims worldwide follow this school of thought, particularly in South Asia, Turkey, Central Asia and the Balkans.
• Maliki: emphasises community practice in Medina, particularly dominant in Northern and Western Africa, as well as parts of the Persian Gulf.
• Shafi‘i: prioritises textual sources and structured legal methodology, primarily followed in Malaysia, Singapore, Egypt, Yemen, Somalia, Ethiopia, Djibouti and parts of the Levant and Kurdistan.
• Hanbali: relies heavily on Qur’an and Hadith with limited analogy, primarily followed in Saudi Arabia and Qatar.

Shia school

• Ja‘fari (Twelver Shia jurisprudence): places strong weight on the teachings of the Twelve Imams and is roughly followed by 10-13% of Muslims worldwide. It is the prevalent school in Iran, Iraq, Bahrain and parts of the Gulf.
• Ismaili: differs from the Twelver school by following six of the twelve Imams. They follow the guidance of a living Imam such as the Aga Khan. Although members are based globally, its Seat (or “Diwan”) is based in Lisbon.
• Zaydi: follows four of the twelve Imams and are predominant in Yemen.

These distinctions can influence issues such as inheritance shares, marriage contracts, endowments, and financial compliance.

4. Global variation

Although rooted in broadly the same principles, Sharia is applied differently across jurisdictions. Factors influencing variation include:

• local customs (‘urf)
• civil or common‑law overlays
• codified family or inheritance laws
• degree of state involvement in religious matters.

Examples:

• Middle Eastern countries often blend civil codes with Sharia‑based personal status laws.
• Malaysia and Indonesia apply Sharia primarily in family and religious matters while retaining secular commercial law.
• African jurisdictions such as Nigeria recognise Sharia courts within specific states.
• Western jurisdictions (including the UK) do not apply Sharia as state law, but individuals often seek Sharia‑compliant contracts, wills and marital arrangements within the framework of domestic law.

5. How Birketts can help

Birketts provides Sharia-aware legal services combining English law expertise with an understanding of Islamic faith principles. We support clients with wills, estate planning, cross-border matters, family law, Islamic finance and dispute resolution.

Our aim is to deliver clear, respectful and legally robust solutions aligned with both faith-based and statutory requirements.

We assist individuals, families and businesses with:

• Sharia‑compliant wills, tax and estate planning
• cross‑border inheritance and family matters
• Islamic marriage contracts, children and divorce considerations
• Islamic finance structures and commercial transactions
• mediation and dispute resolution informed by cultural and religious context.

Please do get in touch if you would like to discuss this further.