laws of inheritance

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ISLAMIC LAW OF ISLAMIC LAW OF INHERITANCEINHERITANCE

HADITHHADITH• ““Learn the laws of inheritance and Learn the laws of inheritance and

teach them to the people for they are teach them to the people for they are one-half of useful knowledge." one-half of useful knowledge." (Sunnan Ibn Majjah)(Sunnan Ibn Majjah)

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BACKGROUNDBACKGROUND• Payment of funeral expenses.Payment of funeral expenses.• Payment of his/ her debts.Payment of his/ her debts.• Execution his/ her will.Execution his/ her will.• Distribution of remaining estate Distribution of remaining estate

amongst the heirs according to amongst the heirs according to Sharia.Sharia.

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"It is not for a believer, man or "It is not for a believer, man or woman, when Allah and His woman, when Allah and His Messenger have decreed a matter Messenger have decreed a matter that they should have any opinion in that they should have any opinion in their decision. And whoever disobeys their decision. And whoever disobeys Allah and His Messenger has indeed Allah and His Messenger has indeed strayed into a plain error." [Quran strayed into a plain error." [Quran 33:36] 33:36]

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PROFESSOR ALMARIC RUMSEY PROFESSOR ALMARIC RUMSEY (1825-1899) (1825-1899)

“ “Muslim law of inheritance comprises Muslim law of inheritance comprises beyond question the most refined beyond question the most refined and elaborate system of rules for the and elaborate system of rules for the devolution of property that is known devolution of property that is known to the civilised world." to the civilised world."

مIما نصيب سIاء وللن واألقربون الوIالدان ترك مما نصيب جال لر مIما ل نصيب سIاء وللن واألقربون الوIالدان ترك مما نصيب جال لر لمفروضا منهأوكثرنصيبا قل مفروضا تركالوالدانواألقربونمما منهأوكثرنصيبا قل 4:74:7تركالوالدانواألقربونمما ﴾ ﴾

• Just as there is a share for men in what their Just as there is a share for men in what their parents and kinsfolk leave behind, so there is a parents and kinsfolk leave behind, so there is a share for women in what their parents and share for women in what their parents and kinsfolk leave behind - be it little or much - a kinsfolk leave behind - be it little or much - a share ordained (by Allah). share ordained (by Allah).

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اكين Iوالمس واليتامIى القربIى أولوا مة Iالقس حضر اكين وإذا Iوالمس واليتامIى القربIى أولوا مة Iالقس حضر وإذافارزقوهم فارزقوهم معروفا 4:84:8)) قوال لهم وقولوا معروفا منه قوال لهم وقولوا منه ﴿﴿

If other near of kin orphans and needy If other near of kin orphans and needy are present at the time of division of are present at the time of division of inheritance give them some thing of it inheritance give them some thing of it and speak to them kindlyand speak to them kindly

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• Although they are not legally entitled Although they are not legally entitled to any share it is seemly for people to any share it is seemly for people to act magnanimously and give them to act magnanimously and give them something out of their inheritance, something out of their inheritance, and especially to desist from making and especially to desist from making hurtful remarkshurtful remarks

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LEGAL INJUNCTIONSLEGAL INJUNCTIONS• First, that women as well as men are entitled to First, that women as well as men are entitled to

inheritanceinheritance• Second, that inheritance, however meagre it might be, Second, that inheritance, however meagre it might be,

should be distributedshould be distributed• Third, this verse indicates that the law of inheritance Third, this verse indicates that the law of inheritance

is applicable to all kinds of property - movable and is applicable to all kinds of property - movable and immovable, agricultural, industrial and so on.immovable, agricultural, industrial and so on.

• Fourth, it shows that the right of inheritance comes Fourth, it shows that the right of inheritance comes into force as soon as a person dies leaving propertyinto force as soon as a person dies leaving property

• Fifth, it implies the rule that immediate blood-relatives Fifth, it implies the rule that immediate blood-relatives exclude those that are further removed. exclude those that are further removed.

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WILL VS INHERITANCEWILL VS INHERITANCE• In Islamic Law, the inheritance from the In Islamic Law, the inheritance from the

deceased person is defined by Shariah Law. deceased person is defined by Shariah Law. However, a person is entitled to make his However, a person is entitled to make his own will for 1/3 of his wealth/assets. Hence:own will for 1/3 of his wealth/assets. Hence:– 2/3 of wealth/assets are distributed based 2/3 of wealth/assets are distributed based

on Shariah Law. This is called mirathon Shariah Law. This is called mirath– 1/3 of wealth/assets are distributed based 1/3 of wealth/assets are distributed based

on person’s will, if he chooses to write his on person’s will, if he chooses to write his will. This is called “Al-Wasiyyah”will. This is called “Al-Wasiyyah”

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PRINCIPLES PRINCIPLES • The first principle which the Quran lays down The first principle which the Quran lays down

refers to males and females of equal degree refers to males and females of equal degree and class. This means that a son inherits a and class. This means that a son inherits a share equivalent to that of two daughters, a share equivalent to that of two daughters, a full (germane) brother inherits twice as much full (germane) brother inherits twice as much as a full sister, a son’s son inherits twice as as a full sister, a son’s son inherits twice as much as a son’s daughter and so on. much as a son’s daughter and so on.

"Allah commands you regarding your "Allah commands you regarding your children. For the male a share equivalent to children. For the male a share equivalent to that of two females. “[Quran 4:11]that of two females. “[Quran 4:11]

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PRINCIPLESPRINCIPLES• This principle is however, not universally This principle is however, not universally

applicable as we shall see later in verse applicable as we shall see later in verse 4:12, the descendants of the mother notably 4:12, the descendants of the mother notably the uterine brother and uterine sister inherit the uterine brother and uterine sister inherit equally as do their descendants.equally as do their descendants."If (there are) women (daughters) more than "If (there are) women (daughters) more than two, then for them two thirds of the two, then for them two thirds of the inheritance; and if there is only one then it is inheritance; and if there is only one then it is half." [Quran 4:11]half." [Quran 4:11]

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• Certain heirs referred to as primary Certain heirs referred to as primary heirs are always entitled to a share of heirs are always entitled to a share of the inheritance, they are never totally the inheritance, they are never totally excluded. They are:excluded. They are:– Father, mother, husband, wife, daughter, Father, mother, husband, wife, daughter,

mothermother• All remaining heirs can be totally All remaining heirs can be totally

excluded by the presence of other excluded by the presence of other heirs. heirs.

PRINCIPLESPRINCIPLES

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• There are several rules of exclusion which There are several rules of exclusion which determine the exclusion of some heirs by determine the exclusion of some heirs by the presence of others. In brief : the presence of others. In brief : – A person (e.g. brother) who is related to the A person (e.g. brother) who is related to the

deceased through another (i.e. father) is deceased through another (i.e. father) is excluded by the presence of the latter.excluded by the presence of the latter.

– An individual nearer in degree (proximity) to An individual nearer in degree (proximity) to the deceased excludes the one who is remoter the deceased excludes the one who is remoter within the same class of heirs (son excludes all within the same class of heirs (son excludes all grandsons).grandsons).


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• Full blood excludes half-blood through Full blood excludes half-blood through father (so a full brother will exclude a father (so a full brother will exclude a consanguine brother but not a uterine consanguine brother but not a uterine brother).brother).

• The majority view is that the full and The majority view is that the full and consanguine brother is not excluded by consanguine brother is not excluded by the paternal grandfather. However, the the paternal grandfather. However, the Hanafi fiqh allows the paternal grandfather Hanafi fiqh allows the paternal grandfather to totally exclude the agnatic siblings.to totally exclude the agnatic siblings.


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• Heirs may also be prevented from inheriting Heirs may also be prevented from inheriting by disqualification. The only two practical by disqualification. The only two practical situations which are causes of disqualification situations which are causes of disqualification are difference of religion and homicide. are difference of religion and homicide. ““The Prophet (SAWS) said, "A Muslim cannot The Prophet (SAWS) said, "A Muslim cannot be the heir of a disbeliever, nor can a be the heir of a disbeliever, nor can a disbeliever be the heir of a Muslim." (Sahih al-disbeliever be the heir of a Muslim." (Sahih al-Bukhari)Bukhari)

• Generally speaking, and this is also the Generally speaking, and this is also the majority view, a Muslim cannot inherit from a majority view, a Muslim cannot inherit from a non-Muslim. Although the Hanafi fiqh does non-Muslim. Although the Hanafi fiqh does allow a Muslim to inherit from an apostate. allow a Muslim to inherit from an apostate.


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• Allah's Messenger (SAWS) said, "One who kills Allah's Messenger (SAWS) said, "One who kills a man cannot inherit from him." (Tirmidhi and a man cannot inherit from him." (Tirmidhi and Ibn Majah)Ibn Majah)

• It should be noted that only relatives with a It should be noted that only relatives with a legitimate blood relationship to the deceased legitimate blood relationship to the deceased are entitled to inherit from the deceased are entitled to inherit from the deceased under Islamic law. Thus, illegitimate children under Islamic law. Thus, illegitimate children according to Islamic law and adopted children according to Islamic law and adopted children have no part in inheritance. Incidentally legal have no part in inheritance. Incidentally legal adoption as practised in the west is forbidden adoption as practised in the west is forbidden in Islam.in Islam.


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• Under certain circumstances after Under certain circumstances after allocation of the estate amongst all allocation of the estate amongst all the heirs with fixed shares there is a the heirs with fixed shares there is a residue left over but there are no residue left over but there are no residuaries. This residue called al-residuaries. This residue called al-radd is returned to those sharers who radd is returned to those sharers who are entitled to it, in proportion to are entitled to it, in proportion to their original shares. their original shares.


• If the shares of all fixed heirs are If the shares of all fixed heirs are greater than remainder of greater than remainder of estate/assets, then the shares are estate/assets, then the shares are pulled back using Doctrine of al-Awlpulled back using Doctrine of al-Awl

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• A person can will up to 1/3 of his/her A person can will up to 1/3 of his/her propertyproperty

• Majority of the Sunni schools of Majority of the Sunni schools of thought state that the one-third thought state that the one-third share cannot be bequeathed to share cannot be bequeathed to natural heirs; however, others, natural heirs; however, others, including the Shiite school, disagree including the Shiite school, disagree with this limitationwith this limitation


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LEGAL HEIR/SHARERSLEGAL HEIR/SHARERS• There are total of nine obligatory sharers and Muslim jurists There are total of nine obligatory sharers and Muslim jurists

have added further three by the juristic method of qiyas have added further three by the juristic method of qiyas (analogy):-(analogy):-– FatherFather– HusbandHusband– Uterine brotherUterine brother– MotherMother– WidowWidow– DaughterDaughter– SisterSister– Uterine sister (half sister from mother)Uterine sister (half sister from mother)– Consanguine sister (half sister from father)Consanguine sister (half sister from father)– Paternal grandfatherPaternal grandfather– Maternal grandmotherMaternal grandmother– Agnatic granddaughterAgnatic granddaughter

نساءفوقاثنتين نثيينفإنكن األ نساءفوقاثنتين يوصيكماللهفيأوالدكمللذكرمثلحظ نثيينفإنكن األ يوصيكماللهفيأوالدكمللذكرمثلحظمنهما واحد بويهلكل النصفوأل تركوإنكانتواحدةفلها ما ثلثا منهما فلهن واحد بويهلكل النصفوأل تركوإنكانتواحدةفلها ما ثلثا فلهن

وورثهأبواهفألمهالثلث فإنلميكنلهولد نلهولد تركإنكا دسمما وورثهأبواهفألمهالثلث الس فإنلميكنلهولد نلهولد تركإنكا دسمما السأودينآبآؤكم وصيةيوصيبها دسمنبعد أودينآبآؤكم فإنكانلهإخوةفألمهالس وصيةيوصيبها دسمنبعد فإنكانلهإخوةفألمهالس

اللهكانعليما ف ريضةمناللهإن تدرونأيهمأقربلكمنفعا اللهكانعليما وأبناؤكمال ف ريضةمناللهإن تدرونأيهمأقربلكمنفعا وأبناؤكمال4:114:11حكيماحكيما ﴾ ﴾

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• Allah thus commands you concerning your children: the Allah thus commands you concerning your children: the share of the male is like that of two females. If (the heirs share of the male is like that of two females. If (the heirs of the deceased are) more than two daughters, they shall of the deceased are) more than two daughters, they shall have two-thirds of the inheritance; and if there is only one have two-thirds of the inheritance; and if there is only one daughter, then she shall have half the inheritance. If the daughter, then she shall have half the inheritance. If the deceased has any offspring, each of his parents shall have deceased has any offspring, each of his parents shall have a sixth of the inheritance; and if the deceased has no child a sixth of the inheritance; and if the deceased has no child and his parents alone inherit him, then one-third shall go and his parents alone inherit him, then one-third shall go to his mother; and if the deceased has brothers and to his mother; and if the deceased has brothers and sisters, then one-sixth shall go to his mother. All these sisters, then one-sixth shall go to his mother. All these shares are to be given after payment of the bequest he shares are to be given after payment of the bequest he might have made or any debts outstanding against himmight have made or any debts outstanding against him

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• Deceased has no son and two or more Deceased has no son and two or more daughters, they will get 2/3daughters, they will get 2/3

• If only one daughter, she will get 1/2 If only one daughter, she will get 1/2 • Remaining heirs will inherit 1/3 and 1/2 Remaining heirs will inherit 1/3 and 1/2

respectivelyrespectively• If the deceased has parents, each one of If the deceased has parents, each one of

them will get 1/6, if he/she has children them will get 1/6, if he/she has children (son, daughter, grandson/daughter) and (son, daughter, grandson/daughter) and remaining property i.e. 2/3 will be remaining property i.e. 2/3 will be inherited by rest of the heirs.inherited by rest of the heirs.

SCENARIO NO 1 SCENARIO NO 1

بع فلكمالر ولد فإنكانلهن ولد تركأزواجكمإنلميكنلهن بع ولكمنصفما فلكمالر ولد فإنكانلهن ولد تركأزواجكمإنلميكنلهن ولكمنصفماتركتمإنلم مما بع الر أودينولهن وصيةيوصينبها تركنمنبعد تركتمإنلم مما مما بع الر أودينولهن وصيةيوصينبها تركنمنبعد مماوصية تركتممنبعد الثمنمما فلهن فإ نكانلكمولد وصية يكنلكمولد تركتممنبعد الثمنمما فلهن فإ نكانلكمولد يكنلكمولد

أوأختفلكل أودينوإنكانرجليورثكاللةأوامرأةولهأخ أوأختفلكل توصونبها أودينوإنكانرجليورثكاللةأوامرأةولهأخ توصونبهاأكثرمنذل كفهمشركاءفيالثلثمن دسفإنكانوا الس منهما أكثرمنذل كفهمشركاءفيالثلثمن واحد دسفإنكانوا الس منهما واحد

وصيةمناللهواللهعليم أودينغيرمضآر وصيةيوصىبهآ وصيةمناللهواللهعليم بعد أودينغيرمضآر وصيةيوصىبهآ بعدم�﴿ ل�ي م�﴿ح� ل�ي 4:124:12ح� ﴾ ﴾

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And to you belongs half of whatever has been left And to you belongs half of whatever has been left behind by your wives if they die childless; but if they behind by your wives if they die childless; but if they have any children then to you belongs a fourth of what have any children then to you belongs a fourth of what they have left behind, after payment of the bequest they have left behind, after payment of the bequest they might have made or any debts outstanding they might have made or any debts outstanding against them. And to them belongs a fourth of what you against them. And to them belongs a fourth of what you leave behind, if you die childless; and if you have any leave behind, if you die childless; and if you have any child then to them belongs one-eighth of what you have child then to them belongs one-eighth of what you have left behind, after the payment of the bequest you might left behind, after the payment of the bequest you might have made or any debts outstanding against you.have made or any debts outstanding against you.

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• If no children, mother will get 1/3 and If no children, mother will get 1/3 and father will get the remaining 2/3father will get the remaining 2/3

• If deceased has parents and brothers If deceased has parents and brothers and sistersand sisters– Mother will get 1/6Mother will get 1/6– Father will get 5/6Father will get 5/6– Brothers and sisters will get nothingBrothers and sisters will get nothing

SCENARIO NO 1SCENARIO NO 1

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• If wife is deceased :If wife is deceased :– If she has no children, husband will get If she has no children, husband will get

1/21/2– If children then husband will get 1/4If children then husband will get 1/4


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• If a man dies:If a man dies:– And having no children, wife will get ¼And having no children, wife will get ¼– If he has children, wife will get 1/8If he has children, wife will get 1/8– Two or more wives shares equally in the Two or more wives shares equally in the

above prescribed share.above prescribed share.


And if the man or woman has no heir in the direct And if the man or woman has no heir in the direct line, but has a brother or sister, then each of these line, but has a brother or sister, then each of these shall inherit one-sixth; but if they are more than shall inherit one-sixth; but if they are more than two, then they shall inherit one-third of the two, then they shall inherit one-third of the inheritance, after the payment of the bequest that inheritance, after the payment of the bequest that might have been made or any debts outstanding might have been made or any debts outstanding against the deceased, providing that the bequest against the deceased, providing that the bequest causes no injury. This is a commandment from causes no injury. This is a commandment from Allah; Allah is All-Knowing, All-Forbearing. Allah; Allah is All-Knowing, All-Forbearing.

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• Prophet (peace be on him) said that even if a Prophet (peace be on him) said that even if a man worked all his life, like the men of Paradise, man worked all his life, like the men of Paradise, yet ended his life's record by making a wrongful yet ended his life's record by making a wrongful bequest, he would be consigned to Hell. (Ibn bequest, he would be consigned to Hell. (Ibn Kathir, vol. 2, p. 218.) Kathir, vol. 2, p. 218.)

• Such an act of deliberate injury and calculated Such an act of deliberate injury and calculated effort designed to deprive people of their due effort designed to deprive people of their due rights is always a sin, but it is mentioned by God rights is always a sin, but it is mentioned by God particularly in the case of kalalahparticularly in the case of kalalah

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• If a person dies who has neither ascendants nor If a person dies who has neither ascendants nor descendents :descendents :– And he/she has a (uterine) brother or a (uterine) And he/she has a (uterine) brother or a (uterine)

sister, each one of them will have 1/6.sister, each one of them will have 1/6.– But if they (uterine brothers and sisters) are more But if they (uterine brothers and sisters) are more

than that then they are sharers in 1/3 (equally)." than that then they are sharers in 1/3 (equally)." – The remaining 5/6 or 2/3 will be distr in remaining The remaining 5/6 or 2/3 will be distr in remaining

heirs.heirs.– The uterine siblings only inherit in the absence of The uterine siblings only inherit in the absence of

any descendants or ascendants. However, uterine any descendants or ascendants. However, uterine siblings are not excluded by the mother siblings are not excluded by the mother


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• If a man dies who has neither ascendants nor If a man dies who has neither ascendants nor descendents :descendents :– If he has a sister, she will get ½If he has a sister, she will get ½

• If a woman dies w/o ascendants or descendents:If a woman dies w/o ascendants or descendents:– His brother will be the sole heir of her property, in case His brother will be the sole heir of her property, in case

she does not have any other heir like husband.she does not have any other heir like husband.– If she leaves her husband, after giving due share to the If she leaves her husband, after giving due share to the

husband, remaining will be given to his brother.husband, remaining will be given to his brother.– If she has two or more sister, they will inherit 2/3.If she has two or more sister, they will inherit 2/3.– If she has several brothers and sisters, brothers will get If she has several brothers and sisters, brothers will get

double of their sisters. double of their sisters.


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• In the absence of any daughters this rule is In the absence of any daughters this rule is applicable to agnatic granddaughters (son's applicable to agnatic granddaughters (son's daughters). The agnatic granddaughter has daughters). The agnatic granddaughter has been made a Quranic heir (sharer) by Muslim been made a Quranic heir (sharer) by Muslim jurists by analogy.jurists by analogy.

• If there is only a single daughter or agantic If there is only a single daughter or agantic granddaughter her share is a fixed one-half, if granddaughter her share is a fixed one-half, if there are two or more daughters or agnatic there are two or more daughters or agnatic granddaughters then their share is two-thirds. granddaughters then their share is two-thirds.


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• Son always gets his share as a Son always gets his share as a residuary. After all the primary heirs residuary. After all the primary heirs with fixed share have been given with fixed share have been given their allotted share, then the residue their allotted share, then the residue is given to the son.is given to the son.

• If there is a daughter, then son and If there is a daughter, then son and daughter both shares as residuaries.daughter both shares as residuaries.

MISCMISC

تجري ات جن يدخله ورسوله الله يطع ومن الله حدود تجري تلك ات جن يدخله ورسوله الله يطع ومن الله حدود تلكالعظيم الفوز وذلك فيها خالدين األنهار تحتها العظيم من الفوز وذلك فيها خالدين األنهار تحتها من

• These are the bounds set by Allah. Allah These are the bounds set by Allah. Allah will make the man who obeys Allah and will make the man who obeys Allah and His Messenger enter the Gardens beneath His Messenger enter the Gardens beneath which rivers flow. He will abide there for which rivers flow. He will abide there for ever. That is the mighty triumph. ever. That is the mighty triumph.

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