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Islamic Inheritance Law Learning (15 Steps)

We have created a learning path in steps to help you learn quickly. You can learn to follow the Islamic inheritance law steps below. Before that, it is essential to know the basics—Sources, Eligibility & Reasons, Fixed and Prescribed sharers, Residuary, Distant kindred, Conditions, blocking rules, Madhab's differences of opinions, and calculations which form the foundations of Islamic inheritance law.


The Eligibility of Islamic Inheritance distribution depends on many factors. For example, the certainty of death, heirs must be alive, Assets must be left by the deceased and free from all debts, expenses, and legal claims, and must have passed through the Probate and settlement process. Reasons include a marital tie, blood relations, association of wala, kinsman, etc.


Prescribed sharer includes the Spouse, Daughters (or Daughters of Sons and so on), Parents, Full and Paternal Sisters, and Maternal Siblings are the Prescribed or fixed sharers who fall into one of the fixed numbers 1/8, 1/6, 1/3, 1/2, 1/4, and 2/3.


However, these shares do not remain fixed or constant in many situations called Radd and Awal. In the Radd situation, the total share is less than 1 (or 100%), so all shares are increased except Spouse shares to make the total share to be one (or 100%). On the other hand, the Total share is more than one (or 100%) in the Awal situation, so all shares are reduced to make the total share one.


The residue is more than 1 (or 100%) in the case of Awal. The residue is less than one (or 100%) in the case of Radd. The residue is Zero in the case of Kamil, where the Residuary does not receive a share. Residuary are the Sons (or Sons of Sons and so on), Daughters (or Daughters of Sons and so on), Father (or Father of Father and so on), Full and Paternal Siblings, Consanguine male relative of deceased and Distant kindred.


Conditions are attached to Every share has the conditions attached to it. For example, the Daughter share is 1/2 if Single and 2/3 if Multiple with no Son(s) alive in both situations.


Every share has to go through total or partial blocking or exclusion (called "Hajb" in Arabic) rules except Spouse share. For example, Father blocks Father of Father, Sons blocks Sons of Sons, and so on.


After deducting funeral expenses, personal debts, taxes, zakat, kaffarat, and bequest, calculate the final share. To make it work the estate distribution that follows Shariah and legal laws, you would need to create an Islamic estate plan called Islamic Will and Trusts.





Hopefully, you acheived your learning goal!


Allah, the Most Glorified and the Most High, knows the best. As a human, We are limited to everything and can not perceive it in totality...

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ISLAMIC INHERITANCE LAW
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