Have you ever wondered how Islam distributes inheritance after death?
Division of inheritance in Islam is not just about calculations but a divine, precise system designed to protect rights and ensure justice among heirs.
In this article, we will take you on a comprehensive and simplified journey to understand everything related to inheritance, step by step.
What is the Definition of Inheritance
The definition of inheritance can be described as everything a deceased person leaves behind for their heirs, including money and rights.
Islamic Sharia clearly explains how inheritance should be divided among heirs, and the Qur’an has revealed specific verses that determine the share of each inheritor in the estate of the deceased.
The Importance of Inheritance Laws
There are many purposes behind division of inheritance in Islam, including the following
Preventing disputes and conflicts among heirs
As Allah Almighty has assigned a specific and known share to each heir.
Preserving wealth
One of the aims of inheritance laws is also to prevent the loss of wealth after the death of the deceased.
Protecting orphans and widows
The importance of inheritance laws is also evident in how they protect widows and children after the death of the husband or father.
Fulfilling the concept of succession (Istikhlaf)
Inheritance wealth belongs to Allah, and He entrusted it to the deceased during their lifetime. After death, the wealth passes to the rightful heirs, fulfilling the divine system of succession.
Sources of Inheritance Law
There are three primary sources of inheritance law
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The Holy Quran
Allah has outlined most of the inheritance laws in the Qur’an, such as the shares of the husband, wife, father, mother, daughter, and others.
For example, Allah says:
يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَـٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَآءًۭ فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَٰحِدَةًۭ فَلَهَا ٱلنِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَٰحِدٍۢ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌۭ ۚ فَإِن لَّمْ يَكُن لَّهُۥ وَلَدٌۭ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ ۚ فَإِن كَانَ لَهُۥٓ إِخْوَةٌۭ فَلِأُمِّهِ ٱلسُّدُسُ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصِى بِهَآ أَوْ دَيْنٍ ۗ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًۭا ۚ فَرِيضَةًۭ مِّنَ ٱللَّهِ ۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًۭا ١١
“Allah commands you regarding your children: the share of the male will be twice that of the female. If you leave only two ˹or more˺ females, their share is two-thirds of the estate. But if there is only one female, her share will be one-half. Each parent is entitled to one-sixth if you leave offspring.
But if you are childless and your parents are the only heirs, then your mother will receive one-third. But if you leave siblings, then your mother will receive one-sixth—after the fulfilment of bequests and debts. ˹Be fair to˺ your parents and children, as you do not ˹fully˺ know who is more beneficial to you. ˹This is˺ an obligation from Allah. Surely Allah is All-Knowing, All-Wise.”
2. The Sunnah
The Sunnah has clarified many rulings regarding division of inheritance in Islam, such as the inheritance of the maternal grandmother and sisters along with daughters.
For example
“وَعَنِ ابْنِ عَبَّاسٍ قَالَ: قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: «أَلْحِقُوا الْفَرَائِضَ بِأَهْلِهَا فَمَا بَقِيَ فَهُوَ لِأَوْلَى رَجُل ذكر”“Ibn ‘Abbas reported God’s Messenger as saying, “Give the shares to those who are entitled to them, and what remains over goes to the nearest male heir.”
3. Ijma’ (Scholarly Consensus)
Scholars turn to consensus when no clear text exists, such as the case of the inheritance of the paternal grandmother. Caliph Umar ibn Al-Khattab issued a ruling on it, which the Companions agreed upon, and it became accepted by the Muslim community.
4. Qiyas (Analogy)
This involves deriving rulings for cases not mentioned in the Qur’an or Sunnah based on similar situations, such as granting two daughters two-thirds of the estate based on the Qur’anic verse that gives two-thirds to two sisters.
Categories of Heirs
Categories of heirs are those who are entitled to receive inheritance. They fall into several groups:
Fixed-share heirs (Ashab al-Furud)
These are individuals whose shares are clearly defined in Islamic law. There are 12.
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- Four males: Husband, father, grandfather, maternal brother.
- Eight females: Wife, mother, grandmother, daughter, granddaughter (daughter of son), full sister, paternal sister, and maternal sister.
Residuary heirs (Asabah)
This group receives the remainder of the estate after fixed shares have been distributed. It includes male children and brothers.
Extended relatives (Dhu al-Arham)
These are distant relatives such as uncles and aunts. They only inherit if there are no fixed-share or residuary heirs.
Inheritance Barriers (Mawan’i al-Mirath)
There are three major barriers to inheritance:
- Difference in religion: A Muslim cannot inherit from a non-Muslim and vice versa.
- Intentional killing: If an heir intentionally kills the deceased, they are denied their share.
- Slavery: If either the heir or the deceased is a slave, inheritance does not apply between them.
Special Considerations
There are certain special considerations that must be addressed before division of inheritance in Islam:
- Preparing the deceased for burial.
- Paying off the deceased’s debts.
- Executing the deceased’s will, but only from one-third of the estate.
- The remaining estate is then distributed among the heirs.
The Distribution Process in the Division of Inheritance in Islam: A Step-by-Step Guide
The distribution process of inheritance is based on the Qur’an, the Sunnah, consensus (ijmā‘), and analogical reasoning (qiyās).
The following table shows the shares of each fixed heir (aṣḥāb al-furūḍ):
| Fixed-share heirs | First Case | Second Case | Third Case |
| Husband | Half (if wife has no children) | One-fourth (if she has children) | _ |
| Wife/Wives | One-eighth (if there are children) | One-fourth (if no children) | – |
| Father | One-sixth (if the deceased has a son or grandson) | One-sixth + remainder (if grandsons are all female) | The remainder is by taʿṣīb
if the deceased son has no heirs; the mother takes one-third, and he takes the rest. |
| Mother | One-third (if no children or siblings) | One-sixth (if children or siblings exist) | One-third of the remainder (after one spouse inherits) |
| Grandfather | Same as the father in similar scenarios | – | – |
| Grandmother | One-sixth in all cases
If there are multiple grandmothers, they share the one-sixth equally. |
Blocked by mother if she is her daughter, and by the father if he is her son. | – |
| Daughter | Half (if only one and no siblings) | Two-thirds (if two or more daughters, no sons) | Shares with brothers: male gets twice the female share |
| Granddaughter | Half (if alone, no daughter or brotherthere is no direct daughter, she is alone, and has no male counterpart.) | One-sixth (with one daughter, to complete two-thirds) | – |
| Sisters | Half (if only one and no heirs) | Two-thirds (if two or more) | With brothers: male gets twice the share of female.
Fourth case: She receives one-sixth along with the daughter to complete two-thirds. |
| Maternal Brother/Sister | One-sixth (if alone) | one-third equally
if they are two or more, with no preference for males over females. |
– |
Note: According to the rules of division of inheritance in Islam, the presence of the father blocks the grandfather from inheritance, and the son blocks the grandson and granddaughter.
Conclusion
It becomes clear that the division of inheritance in Islam is a comprehensive, divine system that combines justice and mercy, giving every heir their rightful share with precision and fairness.
This divine system is not only about distributing wealth but also about protecting the family from disputes and ensuring stability after death.
Therefore, understanding the rules of inheritance is a crucial step in preserving rights and building a strong, harmonious society.
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