Updated: Jan 20
Muslim succession encompasses moral, spiritual, and legal obligations. However, it is unknown to many its true spirit, logic, and financial benefits. Before you learn anything, there are fundamental questions you should look into, which are compiled below. If you cannot find answers to your questions, please leave your feedback below, and we will address questions as soon as possible.
Faraid literally means the "Fixed portion," which is mandatory in nature. Adherents to Faraid are compulsory for Muslims, which is evident in the Holy Quran. Allah (subhanahu wa ta'ala) states, "This is an obligation from Allah" (Holy Quran 4:11) and again, "This is a commandment from Allah" (Holy Quran 4:12). Also, "These entitlements are the limits set by Allah. Whoever obeys Allah and His Messenger will be admitted into Gardens under which rivers flow, to stay there forever. That is the ultimate triumph! But whoever disobeys Allah and His Messenger and exceeds their limits will be cast into Hell to stay there forever. And they will suffer a humiliating punishment" (Holy Quran 4:13-4:14).
There are 35 verses directly or indirectly addressing inheritance matters for Muslims in the Quran. However, three verses (4.11, 4.12. 4.176) in chapter 4, Surah An-Nisa (i.e., Women), specifically address the Inheritance for Husband, Wife, Sons, Daughters, Parents, and Siblings.
There are three types of Islamic legal heirs: Fixed sharers, Residuary, and Distant kindred. Fixed sharers and Residuary can be further classified into primary and secondary heirs—the primary heir includes the Husband, Wife, Sons, Daughters, Father, and Mother. The secondary heirs include Grandchildren, Grandfather, siblings, and their descendants.
Residuary is the one who receives residue after deducting the fixed shares. Residuary sharers are Sons, Daughters, Sons of Sons, Daughters of Sons, Father, Father of Father, Full Siblings, Paternal Siblings, Consanguine male relatives, and distant kindred relatives.
There are twelve fixed Islamic Inheritance sharers: Husband or Wife, Son and Daughter, Father or Grandfather (i.e., Father of Father how high soever), Mother or Grandmothers (i.e., Mother of Mother and/or Father of Mother how high soever), Maternal Brothers and Sisters, Full sisters, and Paternal Sisters. Islamic Inheritance table explains residuary and fixed sharers well.
The Distant kindred can inherit when fixed sharer and Residuary are not alive, with one exception being that Distant kindred do inherit in the presence of Husband or Wife. Distant kindred inherit under Hanafi, Shafii, and Hanbali but not Maliki law. To learn more, refer to Distant Kindred relatives.
There are two types of Residuary heirs (i.e. Tasib) in Islam. Joint Residuary and Independent Residuary. Joint Residuary is possible between males and females. In Joint Residuary, males get double the share of females. Joint Residuary are sons and daughters, sons of sons and daughters of sons, full Brothers, and full Sisters, and lastly, Paternal Brothers and Paternal Sisters. Independent Residuary are sons, sons of sons, father, father of father, full brothers, full sisters, paternal brothers, consanguine male relatives, and distant kindred relatives. To learn more, refer to Residuary sharers.
Awal is also called as Awwal or Aul for the purpose of Inheritance in Islam. When the total share is greater than one (or 100%), there is no other option than to reduce all shares proportionally. Reducing or "Decrease" is called Awal in Arabic. If residuary do not survive, the residue (or Radd) will return to inheritors.
When the total share is less than one (or 100%), the residue will be left to distribute or "return," called Radd in Arabic. The residue (or Radd) will return to inheritors by increasing all shares proportionally if the residuary does not survive. Islamic Inheritance calculations help you calculate your doctrine of awal and radd easily.
Inheritance for Muslims is divided according to the shares outlined in the Holy Quran and interpreted through Sunnah. In general, the Husband receives one-half (1/2) and one-fourth (1/4) share. Wife receives half of the Husband's share. Parents or Grandparents receive one-sixth (1/6) share. Daughters receive one-half (1/2) if Single and two-thirds (2/3) if Multiple. Males get double the share for females under Joint Residuary. Siblings' share is subject to certain conditions and blocking Islamic Inheritance rules.
As per Muslim succession law, Children, Spouse (Islamically married), Parents, and Siblings inherit from the father's property as stipulated in the Holy Quran 4:11-12 and 4:176.
Father can give away lifetime gifts to all children equally (Bulugh al-Maram, Book 7, Hadith 928) with his free will.
Daughters do claim in father's or Mother's property in Islam. Daughters receive one-half if single or share two-thirds if multiple in the absence of Sons; otherwise, share as a Joint Residuary with Sons. Sons get double the share of Daughters under Joint Residuary.
Yes, a Mother or Father can give away a gift to one child in Islam if only one child, but if there is more than one child, Islam strictly prohibits giving a gift to one child but emphasize treating them equally. Bulugh al-Maram, Book 7, Hadith 928 states, "My father went then to the Prophet (Sallallahu Alayhi Wasallam) to call him as a witness to my Sadaqah (i.e., gift), and he asked, "Have you done the same with all your children?" He replied, "No." He said, "Fear Allah and treat your children equally." My father then returned and took back that gift."
As per the Hanafi law of succession, the Islamic legal heirs are classified into three main categories: fixed sharers (or Quranic heirs), Residuary (or agnatic heirs), and distant kindred relatives (or uterine relations).
No, Father cannot disinherit child or children in Islam and is obliged to follow Faraid as stipulated in the Holy Quran, 4:11.
Under Islamic law, Brothers can inherit Brothers' property if no Sons (or Sons of Sons how low soever), no father (or father of father) survive under certain conditions with applicable Madhab's differences of opinion. However, most legal laws do not allow brothers to inherit in Brothers' property.
Yes, the second wife has the right to the Husband's properties in Islam and, multiple surviving wives are shared equally in Islam as stipulated in the Holy Quran 4:12. Refer to Fixed or Prescribed sharers in Islam for more information.
Husband inherits one-half if no children or grandchildren how low soever, otherwise, inherit one-fourth from wife's property as stipulated in the Holy Quran 4:12.
Wife has stipulated share rights on all Husband's properties as per Holy Quran 4:12. Wife also can own lifetime gifts (i.e., Hiba) from Husband's property without restrictions.
A Muslim woman's property can be inherited by her husband, children (or grandchildren), and parents (or grandparents). These are the legal heirs after the death of a married woman in Islam. Refer to "Islamic inheritance sharers and residuary" to learn more.
Sons share as a Joint Residuary with Daughters otherwise; receive residue as an independent. Sons get double the share of Daughters under Joint Residuary.
Daughters receive one-half if single or share two-thirds if multiple in the absence of Sons; otherwise, share as a Joint Residuary with Sons. Sons get double the share of Daughters under Joint Residuary.
As per Muslim succession law, Children, Spouse (Islamically married), Parents, and Siblings inherit from the mother's property as stipulated in the Holy Quran 4:11-12 and 4:176.
An adopted child cannot inherit under traditional Sunni Islamic law. However, they may receive part of the testamentary Bequest, but the opinions of Sunni Islamic jurists may differ.
Under traditional Muslim succession law, legally married surviving spouse (but not Islamically married such as common-law-partners), adopted child, non-Muslim family members or relatives, Apostate, unborn or stillborn, cannot inherit. Also, it depends on the status of surviving inheritors in Islam.
Under traditional Muslim succession law, legally married surviving spouse (but not Islamically married such as common-law-partners), adopted child, non-Muslim family members or relatives, Apostate, unborn or stillborn, cannot inherit. Also, it depends on the status of surviving inheritors in Islam.
Islam grants the rights to surviving spouse (Islamically and legally married), sons, daughters, father (or Grandfather), mother (or Grandmother), and siblings (Full, Paternal, and Maternal).
Islamic inheritance law allows inheritance distributions far beyond contemporary family settings. Also, all the conditions and blocking rules are in-built into the law itself, which minimizes the attorney's effort.
You can make testamentary bequests up to one-third or less through Islamic Will or Waqf (i.e., Trust). The testamentary one-third or less is counted after deducting funeral and administration expenses, debts, zakat (i.e., obligatory religious duties), taxes, etc.
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