Islamic Inheritance Laws And Rules

In Islamic inheritance law, the primary source is the Quran, which contains specific guidelines regarding the distribution of assets among designated heirs. It is important to note that the Quran prescribes a fixed share for certain relatives, which ensures that they receive a specific portion of the estate. These fixed shares typically include portions for spouses, parents, children, and, in some cases, siblings.

One fundamental principle in Islamic inheritance is the concept of “al-faraid” or “prescribed shares” which means the obligatory shares that cannot be altered or neglected. These obligatory shares are determined by clear rules and calculations, and they prioritize the financial rights of specific family members.

In addition to the Quran, the Sunnah (the actions and sayings of the Prophet Muhammad) and the consensus of Islamic scholars play a crucial role in interpreting and applying these laws. Various schools of Islamic jurisprudence may have slight variations in how they interpret and implement inheritance laws, but the underlying principles remain consistent.

Islamic inheritance laws promote fairness, economic justice, and the protection of the financial rights of family members. These rules seek to ensure that wealth is distributed among heirs according to their respective entitlements, thereby safeguarding the economic stability and well-being of the Muslim community. Adherence to these laws is an essential aspect of practicing Islam for those dealing with inheritance matters, and they serve as a means of upholding justice and social equity within the Muslim community.

Prescribed Shares ( Al-Faraid or Al-Forood ) [1-12]

Husband’s Share [Surah Nisa 4:12]
1. Inherits 1/2
  1. The deceased has no offspring
2. Inherits 1/4
  1. The deceased has offspring
Wife’s Share ( will be divided equally among all wives ) [Surah AnNisa 4:12]
1. Inherits 1/4
  1. The deceased has no offspring
2. Inherits 1/8
  1. The deceased has offspring
Daughter’s Share ( will be divided equally among all daughters )
1. Inherits 1/2 [AnNisa 4:11]
  1. The deceased has only 1 daughter, AND
  2. The deceased has no son
2. Inherits 2/3 [AnNisa 4:11]
  1. The deceased has multiple daughters, AND
  2. The deceased has no son
Granddaughter’s Share ( will be divided equally among all granddaughters )
1. Inherits 1/2
  1. The deceased has only 1 granddaughter from a son, AND
  2. The deceased does not have a son or a daughter, AND
  3. The deceased does not have a grandson from a son
2. Inherits 2/3
  1. The deceased has multiple granddaughters from a son, AND
  2. The deceased does not have a son or a daughter, AND
  3. The deceased does not have a grandson from a son
3. Inherits 1/6
  1. The deceased has just one daughter, AND
  2. The deceased does not have a son, AND
  3. The deceased does not have a grandson from a son
Father’s Share [Surah AnNisa 4:11]
1. Inherits 1/6
  1. The deceased has offspring
Mother’s Share [Surah AnNisa 4:11]
1. Inherits 1/3
  1. The deceased does not have any offspring, AND
  2. The deceased does not have multiple siblings (full, paternal, maternal)
2. Inherits 1/6
  1. The deceased has offspring, OR
  2. The deceased has multiple siblings (full, paternal, maternal)
Paternal Grand Father’s Share
1. Inherits 1/6
  1. The deceased does not have a father
  2. The deceased has offspring
Paternal Grand Mother’s Share
1. Inherits 1/6
  1. The deceased does not have a mother, AND
  2. The deceased does not have a father, AND
  3. The deceased does not have a maternal grandmother
2. Inherits 1/12
  1. The deceased does not have a mother, AND
  2. The deceased does not have a father, AND
  3. The deceased has a maternal grandmother
Maternal Grand Mother’s Share
1. Inherits 1/6
  1. The deceased does not have a mother
2. Inherits 1/12
  1. The deceased does not have a mother, AND
  2. The deceased does not have a father, AND
  3. The deceased has a paternal grandmother
Full Sister’s Share ( will be divided equally among all full sisters )
1. Inherits 1/2 [Surah AnNisa 4:176]
  1. The deceased has only 1 full sister, AND
  2. The deceased does not have any offspring, AND
  3. The deceased does not have any male paternal ancestor, AND
  4. The deceased does not have any full brother
2. Inherits 2/3 [Surah AnNisa 4:176]
  1. The deceased has multiple full sisters, AND
  2. The deceased does not have any offspring, AND
  3. The deceased does not have any male paternal ancestor, AND
  4. The deceased does not have any full brother
Paternal Sister’s Share ( will be divided equally among all paternal sisters )
1. Inherits 1/2
  1. The deceased has only 1 paternal sister, AND
  2. The deceased does not have any offspring, AND
  3. The deceased does not have any male paternal ancestor, AND
  4. The deceased does not have any full brother, full sister and paternal brother
2. Inherits 2/3
  1. The deceased has multiple paternal sisters, AND
  2. The deceased does not have any offspring, AND
  3. The deceased does not have any male paternal ancestor, AND
  4. The deceased does not have any full brother, full sister and paternal brother
3. Inherits 1/6
  1. The deceased has just 1 full sister, AND
  2. The deceased does not have any offspring, AND
  3. The deceased does not have any male paternal ancestor, AND
  4. The deceased does not have any full brother and paternal brother
Maternal Sibling’s Share [Surah AnNisa 4:12] ( will be divided equally among all siblings )
1. Inherits 1/6
  1. The deceased has only 1 maternal sibling, AND
  2. The deceased does not have any male offspring, AND
  3. The deceased does not have any male paternal ancestors
2. Inherits 1/3
  1. The deceased has multiple maternal siblings, AND
  2. The deceased does not have any male offspring, AND
  3. The deceased does not have any male paternal ancestors Residual Shares
Blocking Rules for Residual Sharers ( In the following list each top heir is blocking his following )
- Son
  - Paternal Granddaughter, Paternal Grandson
    - Full sister, full brother
      - Paternal sister, Paternal brother
        
        Full Nephew
        
        Paternal Nephew
        
        Full Nephew’s son
        
        Paternal Nephew’s son
        
        Full paternal Uncle
        
        Paternal paternal uncle
        
        Full cousin
        
        Paternal Cousin
        
        Full cousin’s son
        
        Paternal Cousin’s son
        
        Full cousin’s son’s son
        
        Paternal Cousin’s son’s son
- Father
  - Paternal Grandfather, Paternal Grandmother
  - Brothers, Sisters (Full, Paternal & Maternal)
    - Full Nephew and all far relatives after him ( mentioned above )
- Grandfather
  - Full Nephew and all far relatives after him ( mentioned above )
- Mother
  - Paternal Grandmother, Maternal Grandmother, and their mothers…
- Full sister (only if the deceased has at least 1 female offspring )
  - Paternal brother and Paternal sister,
    - Full Nephew and all far relatives after him ( mentioned above )
- Paternal sister (only if the deceased has either at least 1 female offspring or at least 2 full sisters)
  - Full Nephew and all far relatives after him ( mentioned above )
Residual Sharer order ( earlier receives the residual shares and blocks remaining heirs )
1. Son or daughter with at least one son
2. Paternal grandson or paternal granddaughter with at least one paternal grandson
3. Father
4. Full brother or full sister with full brother or at least 1 daughter or at least 1 granddaughter
5. Paternal brother or paternal sister with paternal brother or at least 1 daughter or at least 1 granddaughter or at least 2 full sisters
6. Paternal grandfather
7. Full brother’s son
8. Paternal brother’s son
9. Full brother’s son’s son
10. Paternal brother son’s son
11. Father’s full brother
12. Father’s paternal brother
13. Father’s full brother’s son
14. Father’s paternal brother’s son
15. Father’s full brother’s son’s son
16. Father’s paternal brother’s son’s son
17. Father’s full brother’s son’s son’s son
18. Father’s paternal brother’s son’s son’s son
A male & female of the same class receive shares with the ratio of 2:1 [Surah AnNisa 4:11], [Surah AnNisa 4:176]. The following conditions should be met.
1. Male & female are of the same class
2. This rule applies during the distribution of residual shares, and not the distribution of prescribed shares
3. This rule doesn’t apply to maternal siblings. They are either ways given from prescribed shares
If an heir is given the prescribed share, he/she drops from Ta’seeb if there are other Aaseebs qualified for inheritance (Father is an exception to this rule)
A father, or a grandfather, can never be cut off by the heirs with prescribed shares.
In the ‘Awal case’ when the total is more than 1, all shares should be reduced proportionately so that the total shares are 1.
- In the case of Awal, and in the presence of Grandfather, sisters will be removed from the 2/3rd zone. grandfather & sisters then will divide in the ratio of 2:1. (Disturbing Case) )
In Radd case, when the total is less than 1, all shares, except the shares of the spouse, should be increased proportionately so that the total share is 1. The spouse shares are strictly fixed. They cannot be increased unless no far relatives are found.
If a husband is also a paternal cousin (or his offspring), or an emancipator (or his relative), he should be treated as two individuals and distribution should be made for each (if qualified)
If the deceased left behind a spouse, a father and a mother, but no offspring & multiple siblings, Umar’s calculations need to be applied. (Umar’s Fatawa)
1. Parents will not get their prescribed share
2. Parents will share the remainder with the 2:1 ratio for father & mother
3. Multiple siblings can reduce mother’s share so Umar’s case will no longer be valid
A full brother cannot receive less than the maternal brother
1. Full brothers should share equally with the maternal siblings. Effectively, full brothers are treated as maternal siblings.
2. This doesn’t apply to paternal brother (becoming maternal brother)
If the deceased did not leave behind a father or offspring, but left behind at least a grandfather & siblings, he has a special case
1. A=1/6 of the estate
2. B=1/3 of the remainder of the shares
3. C=Treat grandfather like a brother and divide the shares equally among them
4. The grandfather will be given a maximum of A, B or C
5. If the grandfather’s share is causing the total shares to exceed 1, then the regular share of 1/6 will be given and the max of A, B, C rule will be ignored
6. If the sum of the fractions exceeds 1, Awal should be applied; Grandfather’s share is not Ta’seeb in this case.
7. During this calculation, full sister & paternal sister‘s share should be excluded (if they are in the 2/3rd zone)
If the deceased did not leave behind a father or offspring or brother but left behind at least a grandfather and a sister. If a sister gets more than her grandfather, then the shares should be readjusted
1. Discard the prescribed share of the sister
2. Sister & grandfather should share the remainder of the estate with a ratio of 1:2
Divide the inheritance to non-standard far relatives replacing themselves with the link they are attached to who is qualified for the inheritance.
If there is still a remainder, then the remaining can now be given to the spouse if alive
If the deceased has no relatives, the Islamic State takes the entire estate.
In the case of female heirs, the inheritance stops at them and does not move on to their children like male heirs.
In the absence of immediate children, grandchildren replace them as heirs.
The two-third (2/3) zone
1. Certain female relatives can get into this zone
2. The 4 possible relatives in this zone are – daughter, paternal granddaughter, full sister, paternal sister
3. When an heir is inside this zone, she cannot block anybody
4. The male sibling of the same class can get her out of the 2/3 zone
  1. Son for the daughter
  2. Paternal grandson for the paternal granddaughter
  3. Full brother for the full sister
  4. Paternal brother for the paternal sister
5. Female offspring can never be together with female siblings in the 2/3 zone. The female offspring can get the female siblings out of the 2/3 zone
6. The daughter & granddaughter cannot be given the same share when in 2/3 zone. The same applies to full sister & paternal sister. One is given 1/2 & the other is given 1/6.
7. Full brother can get the paternal sister out of the 2/3 zone, which actually completely blocks her.
The 2/3 fraction is either for daughter-granddaughter, or, full sister-paternal sister. The 2/3 can never be shared between female offspring & female siblings
Maternal siblings can reduce the mother’s share
Maternal siblings do not have 1:2 male-female ratio
Father blocks full siblings, paternal siblings, and maternal siblings
Following heirs can never be blocked
1. Husband
2. Wife
3. Father
4. Mother
5. Son
6. Daughter
Spouses can neither be blocked nor can they block anybody
Spouse share can never be increased, even if no standard heirs are left. The far relatives are given priority first before increasing the spouse’s share.
Role promotion when an heir is not alive
1. Grandfather becomes a father
2. Paternal grandmother becomes a mother
3. Granddaughter becomes a daughter
4. Sister becomes a daughter
5. Paternal sister becomes a daughter
Maternal grandfather (mother’s father) is blocked from inheritance. His both male & female ancestors are also blocked. This is different from maternal grandmother (mother’s mother). She gets the inheritance. Also, her female ancestors can also get inheritance, but not the male ancestors.
The only female chain that continues indefinitely is mother’s mother’s mother’s …
There is a difference of opinion on father blocking the father’s mother. However, all agree that a mother can block father’s mother.
There is some difference of opinion on grandfather blocking the siblings
The following relatives are not qualified for Ta’seeb
1. Mother
2. Paternal grandmother
3. Maternal grandmother
4. Husband
5. Wife
6. Maternal Brother
7. Maternal Sister
Joint Ta’seebs are possible only for the following cases
1. Son & daughter
2. Grandson & granddaughter
3. Full brother & full sister
4. Paternal brother & paternal sister

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Islamic Inheritance Rules

Islamic Inheritance Laws And Rules

Prescribed Shares ( Al-Faraid or Al-Forood ) [1-12]

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