Inheritance
Introduction
Inheritance in Muslim Personal Law is an essential aspect of Islamic Jurisprudence (Fiqh), governed by
divine injunctions from the Qur'an and Sunnah. It ensures the just distribution of a deceased person's
estate among rightful heirs. The laws of inheritance (Mīrāth or Farāʾiḍ) in Islam are among the most
detailed and meticulously structured legal rulings, emphasizing justice, fairness, and familial
responsibility. Unlike customary or secular inheritance laws, Islamic inheritance is predetermined by
divine decree, ensuring no unfair manipulation.
This system ensures equity rather than equality, as shares vary based on gender, relationship, and
financial responsibilities. The inheritance system in Islam is an obligation (Fardh), and any deviation
from it is seen as a grave sin.
Definition of Inheritance (Mīrāth / Farāʾiḍ)
In Islamic law, inheritance (Mīrāth) refers to the process by which the property of a deceased person is
transferred to their legal heirs in accordance with the Qur'an and Hadith. Farāʾiḍ (plural of Fard) refers to
the fixed shares assigned to heirs in the estate.
Terminology Related to Inheritance:
1. Muwarrith ()مورث: The deceased person whose estate is being distributed.
2. Warith ()وارث: The heir who inherits from the deceased.
3. Tarke ()تركه: The property or estate left by the deceased.
4. Wasiyyah ()وصية: A will or bequest (up to 1/3 of the estate).
5. Farāʾiḍ ()فرائض: The fixed shares assigned to heirs.
6. Taʿsīb ()تعصيب: The process of giving the residue of the inheritance to male relatives.
Pre-Islamic Concessions in Inheritance
Before the advent of Islam, Arab society followed an unjust inheritance system, primarily
favoring male heirs while depriving women, children, and weaker family members of any
share in the estate. The pre-Islamic system had several key characteristics:
Exclusion of Women and Children
Inheritance by the Eldest Son
Unrestricted Bequests
Tribal Custom Over Justice
Descendants were preferred over ascendants
Sources of Islamic Inheritance Law
The laws of inheritance in Islam are primarily derived from:
1. The Qur'an – The primary source, with explicit verses outlining inheritance shares (e.g., Surah
An-Nisa 4:11-14).
2. Hadith (Sunnah of the Prophet – )ﷺExplanations and applications of Qur'anic principles.
3. Ijma (Consensus of Scholars) – Interpretations and consensus on detailed aspects of inheritance
law.
4. Qiyas (Analogical Reasoning) – Used for cases not explicitly mentioned in primary sources.
Principles of Islamic Inheritance
1. Inheritance is a Divine Right
o Distribution must be done as prescribed by Shariah.
o No heir can be deprived of their share unless legally disqualified.
2. Shares are Predefined by the Qur'an
o Heirs receive fixed portions as stated in Surah An-Nisa (4:11-12).
o A male generally receives double the share of a female due to his financial
responsibilities.
3. Only Relatives Can Inherit
o Inheritance is restricted to blood relations, spouses, and in some cases, maternal
relatives.
4. Debts and Funeral Expenses Must Be Cleared First
o The estate is first used to pay off debts, funeral expenses, and any outstanding
obligations before distribution.
5. Bequests (Wasiyyah) Cannot Exceed One-Third of the Estate
o A person can only will up to one-third of their wealth to non-heirs.
o The remaining two-thirds must go to the rightful heirs.
6. Adopted Children and Non-Muslims Do Not Inherit
o An adopted child does not inherit from adoptive parents in Islamic law.
o A non-Muslim cannot inherit from a Muslim, and vice versa.
Legal Heirs in Islamic Law
Heirs are classified into three categories:
1. Qur’anic Heirs (Dhawi Al-Fara’id - )أصحاب الفرائض
These heirs receive fixed shares explicitly stated in the Qur'an:
• Father → 1/6 (if the deceased has children).
• Mother → 1/6 (if the deceased has children or siblings), otherwise 1/3.
• Husband → 1/4 (if wife has children), otherwise 1/2.
• Wife → 1/8 (if husband has children), otherwise 1/4.
• Daughters → 1/2 (if only one daughter, no sons), otherwise they share 2/3.
• Sons → They take the residue (Taʿsīb) after fixed shares are distributed.
• Full/Consanguine/Uterine Sisters → 1/2 if alone, 2/3 if more than one.
2. Residuary Heirs (Asabah - )العصبة
• After the Qur’anic heirs receive their fixed shares, the remaining estate is distributed among
male agnates (patrilineal relatives).
• Sons, grandsons, brothers, paternal uncles, and their descendants fall in this category.
3. Distant Relatives (Dhawi Al-Arham - )ذوي األرحام
• If no Qur’anic or residuary heirs exist, distant relatives (maternal uncles, maternal nephews, etc.)
inherit.
Distribution of Inheritance
1. Step 1: Settlement of Debts and Funeral Expenses
o The first duty is to pay for funeral expenses, outstanding debts, and any liabilities of the
deceased.
2. Step 2: Execution of Will (Wasiyyah)
o If the deceased made a will (up to 1/3 of the estate), it is executed before distributing
inheritance.
3. Step 3: Distribution Among Heirs
o Fixed shares are assigned to Qur’anic heirs.
o Residue is given to the closest male relatives (Asabah).
Illustrative Example of Inheritance Distribution
Assume a deceased man leaves behind:
• A wife
• A mother
• Two daughters
• A son
The estate will be divided as follows:
1. Wife → 1/8 of the estate.
2. Mother → 1/6 of the estate.
3. Daughters → 2/3 of the estate (shared equally).
4. Son → The remaining residue.
If a son exists, he takes the residue after fixed shares are given, ensuring male financial responsibility.
Exclusions from Inheritance (Hajr)
A person may be disqualified from inheritance due to:
1. Murder (Qatl) – A person who intentionally kills their relative is disqualified.
2. Apostasy (Riddah) – A non-Muslim cannot inherit from a Muslim and vice versa.
3. Illegitimacy – A child born out of wedlock inherits only from the mother.
Conclusion
Islamic inheritance law is a divine, systematic, and fair approach to wealth distribution after death. It
ensures financial security for family members while preventing unfair concentration of wealth. The
Qur'an and Sunnah explicitly define inheritance shares, leaving little room for personal discretion.
Adherence to Shariah-compliant inheritance is a religious duty, and failure to follow it is a major
transgression.
By following Islamic inheritance laws, Muslims ensure justice, family welfare, and divine obedience,
thereby fostering an equitable society.
