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Islamic Inheritance Law (Key Questions)

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.


Is Faraid compulsory in Islam?

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).

What does Quran say about Inheritance? or What are those verses refer to Inheritance in Quran?

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.



What are the different types of heirs in Islam?

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.


What are the residuary sharers in Islam?

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.

What are the fixed sharers in Islam?

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.



What is the distant kindred in Islam?

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.



What is Tasib in Islam?

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.

What is the doctrine of Awal in Islam?

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.

What is the doctrine of Radd in Islam?

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.

How is inheritance divided in Islam?

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.


How do you distribute father's property in Islam?

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.


Can a son claim his father's property when father is alive?

Father can give away lifetime gifts to all children equally (Bulugh al-Maram, Book 7, Hadith 928) with his free will.

How much inheritance does a daughter get in Islam?

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.

Can a mother gift property in Islam?

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."

What are the classes of heirs according to Hanafi law?

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).

Can a father disown his child from his property in Islam?

No, Father cannot disinherit child or children in Islam and is obliged to follow Faraid as stipulated in the Holy Quran, 4:11.

Can brothers inherit brothers' property in Islam?

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.

Does the second wife own rights to the Husband's property in Islam?

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.

Can the Husband claim wife's property after her death in Islam?

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.

Does the wife have the right to the Husband's property in Islam?

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.

Who are the legal heirs after the death of a married woman in Islam?

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.

What is the share for the son in Islam?

Sons share as a Joint Residuary with Daughters otherwise; receive residue as an independent. Sons get double the share of Daughters under Joint Residuary.

What is the share of daughters on the 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.

What are legal heirs for mother's property in Islam?

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.

Can the adopted child inherit in Islam?

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.

Who cannot inherit 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.

Who cannot inherit 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.

Who can inherit 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).

What is the significance of inheritance in Islam?

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.

How much can I donate towards Testamentary Bequest under Islamic law?

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.


Feel free to comment below or leave FEEDBACK HERE if you can not find answers to your questions. We will try our best to address your questions in this blog as soon as possible.

1 Comment


Guest
Mar 19

If a father and mother has passed on and the then the siblings inherit. If one of the siblings passed on then who is entitled to their share? His children or the siblings?

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