Indeed all praises are due to Allah, we praise Him, we seek His help, we ask for His forgiveness, and we rely solely on Him. We seek His refuge from the evil in our souls and from our wicked deeds. Whoever Allah guides, no one can misguide. And whomever Allah misguides, no one can guide. I bear witness that there is no one worthy of worship except Allah, He is One, with no partners, and I testify that Mohammad (ﷺ)  is His Messenger and His slave. 

This article is published in 6 parts:

1. Introduction & General Rules: Inheritance in Islam (1)
2. Primary Heirs: Inheritance in Islam (2)
3. Secondary Heirs: Inheritance in Islam (3)
4. Other Rules: Inheritance in Islam (4)
5. Share Distribution & Examples: Inheritance in Islam (5)
6. Islamic Will: Inheritance in Islam (6)
7. Conclusion: Inheritance in Islam (7)

PART 1: INTRODUCTION & GENERAL RULES

World is reaping the disasters created by capitalism. In capitalism, everyone is sole owner of his wealth and no one has right in his wealth. One can spend his wealth as he wishes with no bounds. It is a system that encourages hoarding of money amongst elite few. The right to disburse one’s wealth in inheritance to heirs is primarily decided by the owner through Will, and in the absence of such Will state takes away the estate. 

Communism tried to resolve it by taking this right away from people. It created a system in which property is owned by the state or community and all citizens share in the common wealth, more or less according to their need. They end up creating a completely unnatural (غير فطري، غير طبعي) system which is against nature of humans, i.e. when people don’t own nor has stake then they have no incentive to work hard

Islam is a balance between these two systems. It gave right of ownership to individuals (including woman, which was not their right in west until 19th century). Islam gave freedom to individual to spend their wealth; however, it provides guidelines and ethical responsibilities in spending. In Islam, although individuals has right to own their wealth, but a portion of their wealth is shared with others in community and family through system of Charity, Zakat, hibba and Inheritance. It uses the above laws and ethical responsibilities to ensure distribution of wealth, and discourage hoarding of money within elites. In Islam, the person leave a Will, however, the Will can only decide 1/3 of the estate. The reminder of the estate distribution amongst heirs is already decided by Shariah Law.

Islam recognizes the human nature (فطرة) and restores natural system by allowing people to own or accumulate wealth which gives them incentive to work harder. At the same time, it also promotes spending of wealth (with balance) and charity to help needy in community, which provides satisfaction and spiritual healing. And it identifies ways to distribute wealth amongst the masses.

Inheritance Laws also deals with distribution of one’s wealth after he/she expires. It deals with two key issues:

1. Provide laws pertaining to distribution of wealth amongst heirs, so heirs don’t fight.
2. Ensure that a just system can be established and the wealth is not accumulated into single entity.

In General Inheritance Law in Islam is based on following considerations:

1. Break up the concentration of wealth and distribution of wealth in society
2. Respect right of ownership of an individual that he earned through legal means, and not allow any individual, group or government to confiscate his property after his demise
3. Endorse and consolidate strong family system by justly distributing wealth amongst the heirs
4. By asking individual to write his will and providing detailed inheritance law, it educate us that we are not an absolute master of this wealth, rather, its amanah (trust) of Allah (swt) that we are authorized to spend according to His instructions.
5. Provide peace of mind that after our demise our family will be given their just right of inheritance
6. It pays especial focus on women’s inheritance, as women were denied their right to inheritance in other systems. 

Inheritance in Shariah

Inheritance in an integral part of Islamic Shariah Law and its application in Islamic society is a mandatory aspect of Devine teaching of Islam. 

Muslim inherits from each other is proven from Quran:

لِّلرِّجَالِ نَصيِبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ وَلِلنِّسَاء نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ نَصِيبًا مَّفْرُوضًا

“4:7 There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large - a legal share.“ [An-Nisa 4:7]

Hence, there is a legal share for relatives of the deceased in his/her estate/property. When a person dies there are four rights that needs to be performed to his/her estate/property:

1. Right # 1: Pay his/her funeral and burial expenses
2. Right # 2: Pay his/her debts
3. Right # 3: Execute his Will/bequest (max 1/3 of his/her property)
4. Right # 4: Distribute remainder of his/her estate/property according to Islamic Shariah Law

With relates to the inheritance, the Prophet (ﷺ) said:

Narrated Ibn 'Abbas: “The Prophet said, "Give the Fara'id (the shares of the inheritance that are prescribed in the Qur'an) to those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased."” [Sahih al-Bukhari]¹ 

With relates to will/bequest, the Prophet (ﷺ) said:

Narrated Abdullah bin Umar: Allah's Apostle said, "It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him." [Sahih al-Bukhari]² 

Chart explaining Rights of deceased

...

Here it must be noted that in Shariah a person can only include max of 1/3 of his/her estate in the Will (وصية), and the Will cannot be given to a person who is already a heir (inheritor).

Allah (swt) defined the distribution of shares between inheritors in Quran, and said that these are obligation on Muslims as commanded by Allah (swt):

فَرِيضَةً مِّنَ اللَّـهِ ۗ إِنَّ اللَّـهَ كَانَ عَلِيمًا حَكِيمًا

4:11 [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise. [Al-Nisa]

BACKGROUND

Islamic law neither snubs the rights of an individual to own estate or wealth, nor does it allow any means or tools for to hoard money into single entity or group. It creates a balanced economic system that allows free circulation of money amongst all classes. It develops laws and ethical system that enforces legal and halal means to earning money and a balanced way of spending it. It put certain limits on how and where money can be spent. It provides tools like Zakat, Charity and inheritance to circulate money.

Islam strongly prohibits hoarding of wealth or resources and not use it to help needy. (وَلاَ يَحْسَبَنَّ الَّذِينَ يَبْخَلُونَ بِمَا آتَاهُمُ اللّهُ مِن فَضْلِهِ هُوَ خَيْرًا لَّهُمْ بَلْ هُوَ شَرٌّ لَّهُمْ) “And let not those who covetously withhold of that which Allah has bestowed on them of His Bounty (Wealth) (and) think that it is good for them (and so they do not pay the obligatory Zakat). Nay, it will be worse for them; the things which they covetously withheld shall be tied to their necks like a collar on the Day of Resurrection…”³

Allah swt cursed those who accumulate wealth and do not help others: (وَيْلٌ لِّكُلِّ هُمَزَةٍ لُّمَزَةٍ..) “Who has gathered wealth and counted it. He thinks that his wealth will make him last forever! Nay! Verily, he will be thrown into the crushing Fire”⁴. 

Instead, Allah swt asked to spend wealth: “O you who believe! Spend of the good things which you have (legally) earned, and of that which We have produced from the earth for you…”⁵.

Islam promote moderate path; neither be stingy nor be exuberant. Allah swt asked Muslims not to engage in exuberant spending: “that do not spend money exuberantly (وَلاَ تُبَذِّرْ تَبْذِيرًا) exuberance are brothers of Satan (إِنَّ الْمُبَذِّرِينَ كَانُواْ إِخْوَانَ الشَّيَاطِينِ): “And give the relative his right, and [also] the poor and the traveler, and do not spend wastefully. Indeed, the wasteful are brothers of the devils, and ever has Satan been to his Lord ungrateful.”⁶ 

Instead, Allah swt asked us to find a balanced path in spending: “And let not your hand be tied (like a miser) to your neck, nor stretch it forth to its utmost reach (like a spendthrift), so that you become blameworthy and in severe poverty.”⁷. And He says: (وَالَّذِينَ إِذَا أَنفَقُوا لَمْ يُسْرِفُوا وَلَمْ يَقْتُرُوا وَكَانَ بَيْنَ ذَلِكَ قَوَامًا) “And those, who, when they spend, are neither extravagant nor niggardly, but hold a medium (way) between those (extremes).”⁸ 

Spending in way of Allah swt is promoted and it’s a great business deal: “Say, "Indeed, my Lord extends provision for whom He wills of His servants and restricts [it] for him. But whatever thing you spend [in His cause] – He will compensate it; and He is the best of providers."”⁹ . Allah swt considered the money spent in helping poor and needs as a loan towards Allah, which He will repay: (إِن تُقْرِضُوا اللَّهَ قَرْضًا حَسَنًا يُضَاعِفْهُ لَكُمْ وَيَغْفِرْ لَكُمْ وَاللَّهُ شَكُورٌ حَلِيمٌ) “If you lend to Allah a goodly loan (i.e. spend in Allahs Cause) He will double it for you, and will forgive you. And Allah is Most Ready to appreciate and to reward, Most Forbearing,” ¹⁰.

Similarly, Inheritance to be given to parents, wife, children, brothers, sisters, and portion to be given to needy and common Muslim welfare: [See An-Nisa 4:11-14] 1/3 of person’s wealth is distributed upon his discretion which he can give to common Muslim welfare.

Shariah Law on Inheritance

These rules of Inheritance in Islam are fundamental and mandatory part of Islamic Shariah law and Elm (Knowledge) that are part of Elm-Faraid (علم الفرأض), the means “Science of Inheritance Shares”. The word al-Faraid (الفرأض) is plural form of al-Faridah (الفريضة), which means something made obligatory by Allah (swt).

Learning the science of al-Faraid is obligatory on a Muslim Community and fulfill the order of Allah (swt) with relates to inheritance. 

‏ عن ‏ ‏أبي هريرة ‏ ‏قال ‏قال رسول الله ‏ ‏صلى الله عليه وسلم ‏ ‏يا ‏ ‏أبا هريرة ‏ ‏تعلموا ‏ ‏الفرائض ‏ ‏وعلموها فإنه نصف العلم وهو ‏ ‏ينسى وهو أول شيء ينزع من أمتي

Abu Hurairah reported that the Prophet (ﷺ) said: “O Abu Hurairah, learn Fara’id (the shares of the inheritance that are prescribed in the Quran) and teach it to them. Indeed it is half of the knowledge.” [Sunnan Ibn Majjah]¹¹

Abdullah bin Abbas (ra) reported that the Prophet (ﷺ) said:  “Give the Fara’id (the shares of the inheritance that are prescribed in the Quran) to those who are entitled to receive it. Then whatever remains, should be given to the closed male relative of the deceased.”[Sahih Al-Bukhari]¹².

In historical context, within Arabian Peninsula prior to Islam, the system of inheritance was confined to male agnates (Asabah) relatives of the deceased. Women not only didn’t have any share in inheritance, they themselves were inheritable. Siblings from mother side were also completely excluded (i.e. half-brother/sisters from mother’s side). 

The Quranic verses on inheritance introduce new set of heirs. Quran mentioned nine relatives specifically, of which six were female and three were male. Quran also include other male relatives like husband and half-brothers from mother’s side, which were excluded from inheritance in old customs. 

Quran elevated the position of women by identifying their share of entitlement in clear terms and provided women security and safeguard in the society.

Quran didn’t explicitly mention the share of male agnate relatives, such as of Son, but it provided the rule that males share is twice as of female share of same level, i.e. if deceased has both boys and girls, boys share is twice of girls.  This Quranic injunction is fully understood and appreciated when one looks at entire Shariah law of which inheritance law is a part, and that Allah (swt) has bestowed the responsibility and accountability on men to provide safety, protection and sustenance to their women¹³.

In additional, Quran imposed a restriction on testamentary powers of a Muslim to dispose of his property. Muslim can only give out max of 1/3 of their property/estate in their will¹⁴.

Women’s share in inheritance

Islam provides full protection and security for women, as their shares are fully defined and cannot be removed by any heirs. The importance of woman's share can be seen that Of the nine relatives mentioned specifically regarding inheritance, six of them are female. Hence, removing any doubt in heirs mind re woman's share.

By defining woman's share in such clear terms, Islam elevated the position of woman (which to date no other system has matched or even come close), and it provided a safeguard and security for woman -- this also 1400 years ago, when woman in Europe did not have any right whatsoever.. 

In an Islamic states (where laws are derived from Islamic Shariah), woman's shares are guaranteed by law and does not require any Will or legal inheritance document to be written. After the death of deceased it is an obligatory duty of the state and the heirs to distribute the shares as per Law given by Shariah. Hence, no complicated legal procedures are required for woman to get their shares.

Sources of Islamic Law of Inheritance:

The Islamic Law of Inheritance deals with distribution of wealth/assets of deceased after the death occurred physically. The basic principles of Islamic Inheritance law were revealed in the Quran. 

• There are 35 verses in the Quran referring to Inheritance. 
• There are 3 main verses in the Quran giving specific details of inheritance shares (4:11-12, 4:176).
• At least seven verses (2:180-182, 2:240, 4:33, 5:106-107) deals directly to directly to testamentary disposition.

The further details of Inheritance law is derived from following sources:

• Practice and Saying of the Prophet Mohammad (ﷺ) and his companions. There is large wealth of Prophet’s traditions with relates to inheritance.
• Some further details are based on Qiyas (Analogical deduction based on Islamic Jurisprudence Framework)

Jurists have differed slightly regarding certain aspects of Islamic Law of Inheritance, partly due to the differences in interpretation of the primary source of Shariah (i.e. Quran and Sunnah).

Muslim Jurists have taken all these sources into account as well as the framework of Islamic Jurisprudence (أصول الفقة) to deduce Shariah Laws of Inheritance.

Inheritance vs Will

Inheritance (ميراث):  The word "irth" (أرث) means inheritance, heritage, and bequest. The word “mirath” (ميراث) also means inheritance. It is derived from “waritha” (وراثة) which means mainly “to inherit” --  انتقال الصفات الورثية الى الأولاد.  The person who inherits is called "Warith" (وارث), i.e. heir, inheritor, successor¹⁵.

Will (وصية): Person's will or bequeath. General Rules of Will are following:

• Person Will (وصية)should not exceed 1/3 of his entire estate
• Will (وصية) cannot be given to a person who is already a heir 
• Will (وصية) cannot be given towards a non-Shariah Compliant activity or fund.

Will (وصية) vs Inheritance (ميراث): In Islamic Law, the inheritance from the deceased person is defined by Shariah Law. However, a person is entitled to make his own will for 1/3 of his wealth/assets. Hence:

• 2/3 of wealth/assets are distributed based on Shariah Law. This is called (ميراث)
• 1/3 of wealth/assets are distributed based on Person’s Will, if he chooses to write his will. This is called “Al-Wasiyyah” (وصية). 

Shariah has placed two restrictions on Testator (موصي, one who make Will وصية): 

1. Firstly, to whom he can bequeath his wealth/assets
2. Secondly, the amount that he can bequeath (which is 1/3 of overall)

It is important for Muslims to write their wills, as the Prophet (ﷺ) said: 

Narrated Abdullah bin Umar: Allah's Apostle said, "It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him." [Sahih al-Bukhari]¹⁶

TEXT FROM QURAN & SUNNAH

Quran has mentioned inheritance in 35 places.

Wassiyah (وصية) – Bequeath

Regarding writing of Bequeath, Allah (swt) said: 

كُتِبَ عَلَيْكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ إِن تَرَكَ خَيْرًا الْوَصِيَّةُ لِلْوَالِدَيْنِ وَالأقْرَبِينَ بِالْمَعْرُوفِ حَقًّا عَلَى الْمُتَّقِينَ

“2:180 Prescribed for you when death approaches [any] one of you if he leaves wealth [is that he should make] a bequest for the parents and near relatives according to what is acceptable – a duty upon the righteous “

Regarding changing Bequeath of Deceased:  

فَمَن بَدَّلَهُ بَعْدَمَا سَمِعَهُ فَإِنَّمَا إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ إِنَّ اللّهَ سَمِيعٌ عَلِيمٌ

“2:181 Then whoever alters the bequest after he has heard it – the sin is only upon those who have altered it. Indeed, Allah is Hearing and Knowing.”

Regarding inheritance for Wives:

وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَاجًا وَصِيَّةً لِّأَزْوَاجِهِم مَّتَاعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجٍ فَإِنْ خَرَجْنَ فَلاَ جُنَاحَ عَلَيْكُمْ فِي مَا فَعَلْنَ فِيَ أَنفُسِهِنَّ مِن مَّعْرُوفٍ وَاللّهُ عَزِيزٌ حَكِيمٌ

“2:240 And those who are taken in death among you and leave wives behind – for their wives is a bequest: maintenance for one year without turning [them] out. But if they leave [of their own accord], then there is no blame upon you for what they do with themselves in an acceptable way. And Allah is Exalted in Might and Wise.”

Witnesses (شَهَادَةُ)

Regarding Witnesses:

• 5:106
  يِا أَيُّهَا الَّذِينَ آمَنُواْ شَهَادَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِ ذَوَا عَدْلٍ مِّنكُمْ أَوْ آخَرَانِ مِنْ غَيْرِكُمْ إِنْ أَنتُمْ ضَرَبْتُمْ فِي الأَرْضِ فَأَصَابَتْكُم مُّصِيبَةُ الْمَوْتِ تَحْبِسُونَهُمَا مِن بَعْدِ الصَّلاَةِ فَيُقْسِمَانِ بِاللّهِ إِنِ ارْتَبْتُمْ لاَ نَشْتَرِي بِهِ ثَمَنًا وَلَوْ كَانَ ذَا قُرْبَى وَلاَ نَكْتُمُ شَهَادَةَ اللّهِ إِنَّا إِذًا لَّمِنَ الآثِمِينَ
  “5:106 O you who have believed, testimony [should be taken] among you when death approaches one of you at the time of bequest – [that of] two just men from among you or two others from outside if you are traveling through the land and the disaster of death should strike you. Detain them after the prayer and let them both swear by Allah if you doubt [their testimony, saying], "We will not exchange our oath for a price, even if he should be a near relative, and we will not withhold the testimony of Allah. Indeed, we would then be of the sinful."”
• 5:107
  فَإِنْ عُثِرَ عَلَى أَنَّهُمَا اسْتَحَقَّا إِثْمًا فَآخَرَانِ يِقُومَانُ مَقَامَهُمَا مِنَ الَّذِينَ اسْتَحَقَّ عَلَيْهِمُ الأَوْلَيَانِ فَيُقْسِمَانِ بِاللّهِ لَشَهَادَتُنَا أَحَقُّ مِن شَهَادَتِهِمَا وَمَا اعْتَدَيْنَا إِنَّا إِذًا لَّمِنَ الظَّالِمِينَ
  “5:107 But if it is found that those two were guilty of perjury, let two others stand in their place [who are] foremost [in claim] from those who have a lawful right. And let them swear by Allah, "Our testimony is truer than their testimony, and we have not transgressed. Indeed, we would then be of the wrongdoers."”
• 5:108
  ذَلِكَ أَدْنَى أَن يَأْتُواْ بِالشَّهَادَةِ عَلَى وَجْهِهَا أَوْ يَخَافُواْ أَن تُرَدَّ أَيْمَانٌ بَعْدَ أَيْمَانِهِمْ وَاتَّقُوا اللّهَ وَاسْمَعُواْ وَاللّهُ لاَ يَهْدِي الْقَوْمَ الْفَاسِقِينَ
  “5:108 That is more likely that they will give testimony according to its [true] objective, or [at least] they would fear that [other] oaths might be taken after their oaths. And fear Allah and listen; and Allah does not guide the defiantly disobedient people.”

Mirath (ميراث) – Inheritance

1. Man and woman both Inherit: Share for man and woman:
   • 4:7
     لِّلرِّجَالِ نَصيِبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ وَلِلنِّسَاء نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ نَصِيبًا مَّفْرُوضًا
     “4:7 There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large - a legal share. “
2. Share for relatives, orphans, needy:
   • 4:8
     وَإِذَا حَضَرَ الْقِسْمَةَ أُوْلُواْ الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينُ فَارْزُقُوهُم مِّنْهُ وَقُولُواْ لَهُمْ قَوْلاً مَّعْرُوفًا
     “4:8 And when the relatives and the orphans and AlMasakin (the poor) are present at the time of division, give them out of the property, and speak to them words of kindness and justice”
   • 4:9
     وَلْيَخْشَ الَّذِينَ لَوْ تَرَكُواْ مِنْ خَلْفِهِمْ ذُرِّيَّةً ضِعَافًا خَافُواْ عَلَيْهِمْ فَلْيَتَّقُوا اللّهَ وَلْيَقُولُواْ قَوْلاً سَدِيدًا
     “4:9 And let those (executors and guardians) have the same fear in their minds as they would have for their own, if they had left weak offspring behind. So let them fear Allah and speak right words.”
   • 4:33
     وَلِكُلٍّ جَعَلْنَا مَوَالِيَ مِمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ وَالَّذِينَ عَقَدَتْ أَيْمَانُكُمْ فَآتُوهُمْ نَصِيبَهُمْ إِنَّ اللّهَ كَانَ عَلَى كُلِّ شَيْءٍ شَهِيدًا
     “4:33 And for all, We have made heirs to what is left by parents and relatives. And to those whom your oaths have bound [to you] – give them their share. Indeed Allah is ever, over all things, a Witness ”
3. Male share is twice as female share: Male/Female Ratio is 2:1:
   • 4:7
     يُوصِيكُمُ اللّهُ فِي أَوْلاَدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ
     “4:11 Allah commands you as regards your childrens (inheritance); to the male, a portion equal to that of two females;”
4. Daughter’s Share:
   1. 1/3, if two or more
      • 4:11
        فَإِن كُنَّ نِسَاء فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ
        “4:11 … if (there are) only daughters, two or more, their share is two thirds of the inheritance;”
   2. 1/2, if only one:
      • 4:11
        وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ
        “4:11 … if only one, her share is half.”
5. Parent’s Share:
   1. 1/6 for each parent, if deceased had children:
      • 4:11
        وَلأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُ وَلَدٌ
        “4:11 … For parents, a sixth share of inheritance to each if the deceased left children;”
   2. 1/4 for mother, if deceased had no children:
      • 4:11
        فَإِن لَّمْ يَكُن لَّهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلأُمِّهِ الثُّلُثُ
        “4:11 … if no children, and the parents are the (only) heirs, the mother has a third;”
   3. 1/6 for mother, if deceased had a brother:
      • 4:11
        فَإِن كَانَ لَهُ إِخْوَةٌ فَلأُمِّهِ السُّدُسُ
        “4:11 … if the deceased left brothers or (sisters), the mother has a sixth.”
6. Inheritance (ميراث) is after Debt(دَيْنٍ) and Bequeath (وصية):
   1. Distribution sequence:
      • 4:11
        مِن بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ
        “4:11 … (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts…”
      • 4:12
        مِمَّا تَرَكْنَ مِن بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ
        “4:12 … after payment of legacies that they may have bequeathed or debts…”
   2. Mirath is a inheritance law ordained by Allah (swt):
      • 4:11
        آبَآؤُكُمْ وَأَبناؤُكُمْ لاَ تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعاً فَرِيضَةً مِّنَ اللّهِ إِنَّ اللّهَ كَانَ عَلِيما حَكِيمًا
        “4:11 … You know not which of them, whether your parents or your children, are nearest to you in benefit, (these fixed shares) are ordained by Allah. And Allah is Ever All-Knower, All-Wise.”
      • 4:12
        وَصِيَّةً مِّنَ اللّهِ وَاللّهُ عَلِيمٌ حَلِيمٌ
        “4:12 … This is a Commandment from Allah; and Allah is Ever All-Knowing, Most-Forbearing”
   3. No loss should be caused to anyone in inheritance:
      • 4:12
        غَيْرَ مُضَآرٍّ
        “4:12 …so that no loss is caused (to anyone)..”
7. Husband, Wife, Brother, Sister’s Share:
   1. Husband’s Share 1/2, if no child:
      • 4:12
        وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ
        “4:12 In that which your wives leave, your share is a half if they have no child;
   2. Husband’s Share 1/4, if child:
      • 4:12
        فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ مِن بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ
        “4:12 … but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts.
   3. Wife’s Share 1/4, if no child:
      • 4:12
        وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ
        “4:12 … In that which you leave, their (your wives) share is a fourth if you leave no child;
   4. Wife’s Share 1/8, if child:
      • 4:12
        فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُم مِّن بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ
        “4:12 … but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts.
   5. Brother/Sister Share 1/6 or 1/3, if no child:
      • 4:12
        وَإِن كَانَ رَجُلٌ يُورَثُ كَلاَلَةً أَو امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ فَإِن كَانُوَاْ أَكْثَرَ مِن ذَلِكَ فَهُمْ شُرَكَاء فِي الثُّلُثِ مِن بَعْدِ وَصِيَّةٍ يُوصَى بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّ وَصِيَّةً مِّنَ اللّهِ وَاللّهُ عَلِيمٌ حَلِيمٌ
        “4:12 … If the man or woman whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allah; and Allah is Ever All-Knowing, Most-Forbearing.
8. Rules for al-Kalala (الْكَلاَلَةِ) – man or woman with no descendants
   1. One Sister gets 1/2, if two sisters gets 1/3; brother also inherits from sister, male gets twice then female:
      • 4:176
        يَسْتَفْتُونَكَ قُلِ اللّهُ يُفْتِيكُمْ فِي الْكَلاَلَةِ إِنِ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌ وَلَهُ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَ وَهُوَ يَرِثُهَآ إِن لَّمْ يَكُن لَّهَا وَلَدٌ فَإِن كَانَتَا اثْنَتَيْنِ فَلَهُمَا الثُّلُثَانِ مِمَّا تَرَكَ وَإِن كَانُواْ إِخْوَةً رِّجَالاً وَنِسَاء فَلِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ يُبَيِّنُ اللّهُ لَكُمْ أَن تَضِلُّواْ وَاللّهُ بِكُلِّ شَيْءٍ عَلِيمٌ
        “4:176 They ask you for a legal verdict. Say: "Allah directs (thus) about Al-Kalalah (those who leave neither descendants nor ascendants as heirs). If it is a man that dies, leaving a sister, but no child, she shall have half the inheritance. If (such a deceased was) a woman, who left no child, her brother takes her inheritance. If there are two sisters, they shall have two-thirds of the inheritance; if there are brothers and sisters, the male will have twice the share of the female. (Thus) does Allah makes clear to you (His Law) lest you go astray. And Allah is the All-Knower of everything.”

TEXT FROM SUNNAH

1. Write your will: 
   • Narrated Abdullah bin Umar: Allah's Apostle said, "It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him." [Sahih al-Bukhari]¹⁷ 
2. Prophet didn’t leave any property/will: 
   
   • Narrated Amr bin Al-Harith: “The brother of the wife of Allah's Apostle. Juwaira bint Al-Harith) When Allah's Apostle died, he did not leave any Dirham or Dinar (i.e. money), a slave or a slave woman or anything else except his white mule, his arms and a piece of land which he had given in charity .” [Sahih al-Bukhari]¹⁸ 
   • Prophet (pbuh)’s will is Quran: Narrated Talha bin Musarrif: “I asked 'Abdullah bin Abu Aufa "Did the Prophet make a will?" He replied, "No," I asked him, "How is it then that the making of a will has been enjoined on people, (or that they are ordered to make a will)?" He replied, "The Prophet bequeathed Allah's Book (i.e. Quran).?"” [Sahih al-Bukhari]¹⁹ 
   • Narrated 'Aisha: “The Prophet said, "Our (Apostles') property should not be inherited, and whatever we leave, is to be spent in charity."” ²⁰
   • Narrated Al-Aswad: “In the presence of 'Aisha some people mentioned that the Prophet had appointed 'Ali by will as his successor. 'Aisha said, "When did he appoint him by will? Verily when he died he was resting against my chest (or said: in my lap) and he asked for a wash-basin and then collapsed while in that state, and I could not even perceive that he had died, so when did he appoint him by will?"” [Sahih al-Bukhari] ²¹
3. Will should not exceed 1/3 and rather leave inheritors wealthy: 
   • Narrated Sad bin Abu Waqqas: “The Prophet came visiting me while I was (sick) in Mecca, ('Amir the sub-narrator said, and he disliked to die in the land, whence he had already migrated). He (i.e. the Prophet) said, "May Allah bestow His Mercy on Ibn Afra (Sad bin Khaula)." I said, "O Allah's Apostle! May I will all my property (in charity)?" He said, "No." I said, "Then may I will half of it?" He said, "No". I said, "One third?" He said: "Yes, one third, yet even one third is too much. It is better for you to leave your inheritors wealthy than to leave them poor begging others, and whatever you spend for Allah's sake will be considered as a charitable deed even the handful of food you put in your wife's mouth. Allah may lengthen your age so that some people may benefit by you, and some others be harmed by you." At that time Sad had only one daughter.” [Sahih al-Bukhari]²² 
   • Narrated Ibn 'Abbas: “I recommend that people reduce the proportion of what they bequeath by will to the fourth (of the whole legacy), for Allah's Apostle said, "One-third, yet even one third is too much."” [Sahih al-Bukhari]²³ 
4. Muslim cannot inherit from non-Muslim or vice versa
   • Narrated Usama bin Zaid (ra), Prophet (pbuh) said: “A Muslim cannot be the heir of a disbeliever, nor can a disbeliever be the heir of a Muslim” [Sahih al-Bukhari, Sahih al-Muslim, Muwatta, Tirmidhi, Abu Dawud, and Ibn Majah] ²⁴

GENERAL RULES OF INHERITANCE

A. Conditions necessary before Inheritance: Before any execution of Will and Inheritance, following conditions are essentials:

1. Death must be proven
   • Either physical death (de facto) or legal death (de jure) as in case of missing person.
2. Heirs must be alive
   • Only heirs alive are entitled to inheritance
   • If an heir dies before distribution of inheritance, then his portion is taken by his inheritors.
   • Unborn child in fetus (embryo) will inherit if he is born alive.
3. Estate or  property must be left by the deceased

B. Who is included in ( ميراث): 

• Causes (سبب) of Inheritance:  There are three causes a person or claimant is considered as lawful claimant of inheritance:
  1. Marital tie (Nikah - نكاح)
  2. Blood Relation (Nasab - نسب)
     • In Sunni Islamic Law, it relates to paternal connections only
     • Illegitimate child are not considered lawful inheritors
  3. Association or friendship bond (Wala - ولىا): this is further divided into two by Hanafi jurists:
     • Wala Al-Itaq or Mawla Al-Itaq (مولى العتاقة): meaning master of the manumitted slave
     • Wala Al-Mawala or Mawla al-Mawala (مولى الوالاة): meaning inheritor/successor by contract.

A heir may have more than one causes of inheritance, e.g. husband who inherit fixed share and may also be an agnatic cousin

• 15 parties included in inheritance: The basic principles of Inheritance are fifteen, 7 of them are in Quran and 5 are described in Sunnah, and 3 are based on Ijma/Qiyas.
  
  • Group of SEVEN whose share is defined in Quran:
    
    1. The children (male/female) of the deceased
    2. Parents of the deceased when deceased have children
    3. Parents of the deceased when deceased do not have children
    4. Husband
    5. Wife (wives) / Widow
    6. Uterine Bothers on Mother’s side 
    7. Full Brothers
  • FIVE from Sunnah: 
    1. The Wala (Friendship bond)
    2. Sisters become (al-Asabah) “Residuary” inheritors. They get what is left over after the other heirs take their Primary Heirs.
    3. ذوالأرحام - Relatives (based on hadith: “you give fixed sharers (or Primary Heirs) to the ones who are entitled, what they leave will go the nearest male relative”)
    4. Grandmother gets 1/6 (based on “give the grandmothers a sixth”
    5. Sister (based on hadith “give the daughter 1/2, the granddaughter 1/6 and what is left will go to the sister”)
  • THREE from Consensus (Ijma):
    
    1. Consensus on treating grandson as son, granddaughter as daughter provided later is nonexistent.
    2. Grandfather is treated as father, when father is nonexistent
    3. Sister on father’s side is taken as sister of both sides (father and mother)

 B. Who is excluded from (ميراث):

• Impediments to Inheritance: There are four causes that impede a person from inheritance:
  • Homicide (al-Qatl - القتل): Prophet (ﷺ) said: “One who kills a man cannot inherit from him” [Tirmidhi, Ibn Majah]²⁵. Hence, all Jurists agree that murderer or killer shall not inherit from victim. There are exceptions to this rule if killing is justifiable or self-defense or war or unintentional etc.  There are slight differences of opinion amongst four Madhabs on details of some form of killing.
  • Difference of Religion: Prophet (ﷺ) said: “A Muslim cannot be the heir of a disbeliever, nor can a disbeliever be the heir of a Muslim” [Sahih al-Bukhari, Sahih al-Muslim, Muwatta, Tirmidhi, Abu Dawud and Ibn Majah]. 
  • Slavery: All Jurists agree that slavery is a bar to inheritance. A slave will not inherit and will not be inherited.
  • Difference in Country: Resident of Dar-ul-Kufr doesn’t not inherit from citizen of Dar-ul-Islam. However, the contemporary scholars applied these impediments to non-Muslims only.
• Inheritance between the Muslim and non-Muslim:
  • Narrated Usama bin Zaid (ra), Prophet (ﷺ) said: “A Muslim cannot be the heir of a disbeliever, nor can a disbeliever be the heir of a Muslim” [Bukhari, Muslim, Muwatta, Tirmidhi, Abu Dawud, and Ibn Majah]
  • There are two situations with relates to this:
    • Muslim person inheriting from non-Muslim
    • Non-Muslim person inheriting from Muslim.
  • According to above hadith, it is prohibited in both of these cases to do inheritance between Muslim and non-Muslim. There is consensus amongst all four Sunni Madhahib on this point.
• Rules for being excluded from inheritance:
  • A potential heir can be excluded from inheritance in following ways:
    1. Never Excluded 
    2. Partially Excluded (حجب نقصان)
    3. Totally Excluded (حجب حرمان)
    4. Converted into Residuary
• 1. Never Excluded: Out of these twelve primary heirs, five of them always get their shares and seven of them some time are left out. 
  • Five heirs are never excluded from their share; however their share may be reduced. These five includes: (1) Father (2) Mother (3) Husband (4) Wife(ves) (5) Daughter (s)
  • Ironically, the son is not mentioned in Quran as a primary heir and he always inherits as residuary. Son is a residuary and he always gets his share as a residuary, details later.
• 2. Partially Excluded (حجب نقصان): Partial exclusion means that their shares are lessened, but not totally removed, e.g. Husband’s share is 1/2 if there are no children. However this share is reduced to 1/4 if the deceased wife has children.
  • Five primary heirs that can be partially excluded are:
    1. Husband (originally gets 1/2, can be reduced to 1/4, if wife has children)
    2. Widow (originally gets 1/4, can be reduced to 1/8, if husband has children)
    3. Mother (original 1/3, reduced to 1/6 if deceased had child or brother or sisters)
    4. Son’s Daughter (originally 2/3, reduced to 1/6, if deceased has daughter)
    5. Half Sister on Father’s Side(originally 2/3, reduced to 1/6 if deceased has full sister)
• 3. Totally Excluded (حجب حرمان): Total exclusion means that their share is completely eliminated or they lose their share.
  • Some of the heir’s can be totally excluded in the presence of other heirs of the deceased. These include:
    1. True Grandfather (if father is present)
    2. True Grandmother (if father is present)
    3. Son’s Daughter (if son is present)
    4. Full Sister (if deceased have descendents or father)
    5. Half Sister on Father’s Side (if deceased have descendents or father)
    6. Half Brother on Mother’s Side (if deceased have descendents or father)
    7. Half Sister on Mother’s Side (if deceased have descendents or father)
  • The total exclusion is based on following principles:
    • Principle of Impediment: When a potential inheritor is connected to the deceased through another person and if that person is present or alive, then the potential inheritor is impeded by that other person. E.g. Grandson is impeded from inheritance if the son is present.
    • Principle of Nearer in Relation: The person nearer in relation can deprive the person who is farther in relation to the deceased. This rule is more applied in case of Al-Asabah.
• 4. Converted into Residuary: Some primary heirs can be converted into Residuary (secondary heir) under certain conditions. They include:
  1. Father,
  2. Mother,
  3. Daughter
  4. True Grandfather
  5. Son’s Daughter
  6. Full Sister,
  7. Sister from Father’s Side

ESTATE (تركة) AND ITS PROCEDURE

TARKAH (تركة) – Left behind Estate/succession: can be defined as gross estate of the deceased prior to deduction of rights and claims attached to it.

1. The Estate includes 
   • All property, movable/immovable, self acquired/ancestral etc.
   • All Debts
   • All peculiar rights (contracts, options, compensations)
   • Blood money (Diyah), if the person deceased was killed
2. Life insurance is not considered part of estate, as life insurance is considered haram in Shariah.
3. Legal Heirs inherit the estate based on Islam Law of Inheritance.
4. Two opinions:
   • Hanafi fiqh says that part of the state covered by debts and bequests/legacies doesn’t devolve upon the heirs
   • Shafai/Hanbali fiqh said that whole estate including the indebted part devolves upon heirs
   • This may become important if value of estate increased from time of death to actual distribution
5. After the death of a person, his estate is distributed based on following four stages in same sequence.
6. In some Muslim Countries (like Malaysia), the issue of jointly acquired property is to be settled prior to any distribution of the state.

Procedure for distribution of Estate

There are four stages that follow after the death of a person:

1. Funeral/Burial and Paying all expenses
2. Pay all Debts
3. Pay bequests/Legacies (وصية) up to 1/3 of remaining estate
4. Distribute remaining estate (وراثة) as per Islamic Law of Inheritance.

Stage 1: Funeral & Burial

• Funeral/burial expenses should be paid out of dead person’s estate. 
• Taking care of Funeral/Burial of deceased is Fard Kifayah, and responsibility falls upon larger Muslim community, especially when the deceased didn’t have family or was poor.
• Funeral expenses generally take precedence over the debts.
• Deceased to be buried according to Islamic Law of Burial/Funeral.
• Funeral/burial to be very simple and nothing extravagant should be done.
• Funeral/Burial must be done in emergency, and no delay should be made. It must be done asap.

Stage 2:  Pay all debts

• All debts must be paid before the execution of deceased’s Will (وصية)
• Debts of People: If debts are more than estate, then all of it will go towards debts. If there are more than one debtor and debts are more than estate, then estate will be distributed to debtors based on the proportion of their debt.
• Debts of Allah:  Majority view is that the debts to Allah (zakah, obligatory expiation etc) should be paid whether mentioned in the will or not. However, there is difference of opinion on that.

Stage 3: Will (وصية) of Deceased

• If deceased left a will, Will must be executed after all funeral/burial expenses and all the debts are paid.
• Will of deceased cannot exceed more than 1/3 of his estate. ]. See Hadith of Prophet earlier in mentioned Text].
• The Will execution comes after the debts and before the distribution of Mirath (inheritance). This was the practice of the Prophet (ﷺ). Here debts are obligatory to be paid, while the Will is optional. Hence, the debts should be paid first.
• If a child of the deceased special care (he may be physically disabled), then deceased can help him by giving him donation to care for him, but not by the way of Will. 
• There are two parties in the will:
  1. Testator or the person who is making the will (Al-Musi – “الوصى”)
  2. Legatee or beneficiary of the will (Al-Musa Lahu – “الموصىا له”)
• Power of Testator (Al-Musi – “الوصى”)
  • He cannot make bequest more than 1/3 of his net state, except 
    • Except that the legal heirs agree and consent to the bequest 
  • He cannot make bequest in favor of a legal heir under traditional Sunni Muslim law. But number of Muslim countries does allow that.

Stage 4: Distribution of Inheritance (وراثة)

1. The last stage is to distribute the remnants of the estate/assets among the inheritors who are fixed by the Shariah, this include Quran, Sunnah and Ijma of Ummah.
2. Beneficiaries from the Legal heirs are in two categories:
   1. Ashab-ul-Furud (أصحاب الفروض): Obligatory Sharer or Primary Heirs with fixed shares or Quranic heirs
   2. Al-Asabat (العصبات): Residuaries by reason of blood relationship or special reason
3. The order of distribution amongst the heirs of deceases is clearly defined.
4. Some heirs (especially Al-Asabat) can be either partially or totally excluded from inheritance by the presence of other heirs or blood relative under certain circumstances
5. Potential heirs can be disqualified from inheriting under certain circumstances.
6. Principle of Representation (التنـزيل):
   1. In Shariah, only heirs alive at the time of death are entitled to inherit, they cannot be represented by someone else who has died before the porositus.
   2. This is based on cardinal principle, that the nearer in degree to the deceased excluded the one who is more distant. E.g if a man dies leaving SON and GRAND-SON. Then SON gets the share and GRAND-SON is excluded by the son.
7. Principle of Substitution ():
   1. If father or mother of deceased also died, but he has grandfather or grandmother, then the true grandfather inherits in place of father. The true grandmother inherits in place of mother.
8. The two further rules are applied:
   1. Doctrine of al-Radd (الرد): if after distribution of all shares there is still left over, then the remainder is distributed using Doctrine of al-Radd.
   2. Doctrine of al-Awl (العول): If the shares of all fixed heirs are greater than remainder of estate/assets, then the shares are pulled back using Doctrine of al-Awl.

INHERITORS & THEIR CLASSIFICATION

Beneficiaries from the Legal heirs are in two categories:

1. Ashab-ul-Furud (أصحاب الفروض): Obligatory Sharer or Primary Heirs with fixed shares or Quranic heirs
2. Al-Asabat (العصبات): Residuaries by reason of blood relationship or special reason

Beneficiaries of an Estate

FOOTNOTES

1. Sahih al-Bukhari, Volume 8, Book 80 Laws of Inheritance (Al-Faraa'id), Number 724
2. Sahih al-Bukhari, Volume 4, Book 51 Wills and Testaments (Wasaayaa), Number 1
3. Quran, Chapter 3:180, ale-Imran
4. Quran, Chapter 104:2-4, al-Humazah
5. Quran, Chapter 2:267, al-Baqara
6. Quran, Chapter 17:26-27, al-Isra
7. Quran, Chapter 17:29, al-Isra
8. Quran, Chapter 25:67, al-Furqan
9. Quran, Chapter 34:39, Saba
10. Quran, Chapter 64:17, at-Taghabbun
11. Sunnan Ibn Majjah, Book “Al-Fara’id”.
12. Sahih al-Bukhari, Volume 8, Book 80 Laws of Inheritance (Al-Faraa'id), Number 724:
13. Quran, Chapter 4:34 – An-Nisa [The Women] -  الرِّجَالُ قَوَّامُونَ عَلَى النِّسَاء بِمَا فَضَّلَ اللّهُ بَعْضَهُمْ عَلَى بَعْضٍ وَبِمَا أَنفَقُواْ مِنْ أَمْوَالِهِمْ – “4:34 Men are the protectors and maintainers of women, because Allah has made one of them to excel the other, and because they spend (to support them) from their means.”. Mawdudi explained: “A qawwam or qayyim is a person responsible for administering and supervising the affairs of either an individual or an organization, for protecting and safeguarding them and taking care of their needs.” [Tafheem]
14. Quran, Verses 2:180-182, 2:240, 4:33, 5:106-107.
15. Dr Rohi Baalbaki, Al-Mawrid
16. Sahih al-Bukhari, Volume 4, Book 51 Wills and Testaments (Wasaayaa), Number 1
17. Sahih al-Bukhari, Volume 4, Book 51 Wills and Testaments (Wasaayaa), Number 1
18. Sahih al-Bukhari, Volume 4, Book 51 Wills and Testaments (Wasaayaa), Number 2
19. Sahih al-Bukhari, Volume 4, Book 51 Wills and Testaments (Wasaayaa), Number 3
20. Sahih al-Bukhari, Volume 8, Book 80 Laws of Inheritance (Al-Faraa'id), Number 719
21. Sahih al-Bukhari, Volume 4, Book 51 Wills and Testaments (Wasaayaa), Number 4
22. Sahih al-Bukhari, Volume 4, Book 51 Wills and Testaments (Wasaayaa), Number 5
23. Sahih al-Bukhari, Volume 4, Book 51 Wills and Testaments (Wasaayaa), Number 6
24. Sahih al-Muslim, Book 011 The Book Pertaining to the Rules of Inheritance (Kitab Al-Farai`d), Number 3928
25. At-Tirmidhi, Sunnan Ibn Majah