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ISLAMIC LAW OF ISLAMIC LAW OF INHERITANCEINHERITANCE

HADITHHADITH

• ““Learn the laws of inheritance and teach Learn the laws of inheritance and teach them to the people for they are one-half of them to the people for they are one-half of useful knowledge." (Sunnan Ibn Majjah)useful knowledge." (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 amongst Distribution of remaining estate amongst

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

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"It is not for a believer, man or woman, "It is not for a believer, man or woman, when Allah and His Messenger have when Allah and His Messenger have decreed a matter that they should have decreed a matter that they should have any opinion in their decision. And whoever any opinion in their decision. And whoever disobeys Allah and His Messenger has disobeys Allah and His Messenger has indeed strayed into a plain error." [Quran indeed 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 and beyond question the most refined and elaborate system of rules for the elaborate system of rules for the devolution of property that is known to the devolution of property that is known to the civilised world." civilised world."

ساء ن لل وووو نو بو ر ق ل ووووا نو دا ل وا ل اووو كو ر ت مواوو م ب يووو لونوووصو جا ر ساء لل ن لل وووو نو بو ر ق ل ووووا نو دا ل وا ل اووو كو ر ت مواوو م ب يووو لونوووصو جا ر للما م ب صي ما ن م ب صي ن

با صي ن ثر ك و أوو هو ن موو قلو مواوو مووو نو بو ر ق ل ووووا نو دا ل وا ل اووو كو ر با ت صي ن ر ث ك و أوو هو ن موو قلو مواوو مووو نو بو ر ق ل ووووا نو دا ل وا ل اووو كو ر تضا﴿ رو ف ضا﴿م رو ف 4:م 7:4 7  ﴾ ﴾

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

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ن كي سا م ل وا مى تا ي وال بى ر ق ل ا ا لو و أ ة م س ق ل ا ر ض ح ذا إ ن و كي سا م ل وا مى تا ي وال بى ر ق ل ا ا لو و أ ة م س ق ل ا ر ض ح ذا إ وقوهوموو ز ر قوهوموو فا ز ر فا )):4 8:4 ا 8 لو قو و ه ن ا م لو قو و ه ن م

فا رو ع م ل و ق م ه فا ل رو ع م ل و ق م ه ل ﴿﴿

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

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• Although they are not legally entitled to Although they are not legally entitled to any share it is seemly for people to act any share it is seemly for people to act magnanimously and give them something magnanimously and give them something out of their inheritance, and especially to out of their inheritance, and especially to desist from making hurtful remarksdesist from making hurtful 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 is Third, this verse indicates that the law of inheritance is applicable to all kinds of property - movable and 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 into Fourth, it shows that the right of inheritance comes into force as soon as a person dies leaving propertyforce 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 own However, a person is entitled to make his own will for 1/3 of his wealth/assets. Hence:will for 1/3 of his wealth/assets. Hence:– 2/3 of wealth/assets are distributed based on 2/3 of wealth/assets are distributed based on

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

person’s will, if he chooses to write his will. person’s will, if he chooses to write his will. This is called “Al-Wasiyyah”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 and refers to males and females of equal degree and class. This means that a son inherits a share class. This means that a son inherits a share equivalent to that of two daughters, a full equivalent to that of two daughters, a full (germane) brother inherits twice as much as a (germane) brother inherits twice as much as a full sister, a son’s son inherits twice as much as full sister, a son’s son inherits twice as much as a son’s daughter and so on. 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 that children. For the male a share equivalent to that of two females. “[Quran 4:11]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 4:12, applicable as we shall see later in verse 4:12, the descendants of the mother notably the the descendants of the mother notably the uterine brother and uterine sister inherit equally uterine brother and uterine sister inherit equally as do their descendants.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 inheritance; two, then for them two thirds of the inheritance; and if there is only one then it is half." [Quran and if there is only one then it is half." [Quran 4:11]4:11]

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• Certain heirs referred to as primary heirs Certain heirs referred to as primary heirs are always entitled to a share of the are always entitled to a share of the inheritance, they are never totally 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 excluded All remaining heirs can be totally excluded

by the presence of other heirs. by the presence of other 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 the determine the exclusion of some heirs by the presence of others. In brief : presence of others. In brief : – A person (e.g. brother) who is related to the deceased A person (e.g. brother) who is related to the deceased

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

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

PRINCIPLESPRINCIPLES

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

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

PRINCIPLESPRINCIPLES

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

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

PRINCIPLESPRINCIPLES

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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 are legitimate blood relationship to the deceased are entitled to inherit from the deceased under entitled to inherit from the deceased under Islamic law. Thus, illegitimate children according Islamic law. Thus, illegitimate children according to Islamic law and adopted children have no part to Islamic law and adopted children have no part in inheritance. Incidentally legal adoption as in inheritance. Incidentally legal adoption as practised in the west is forbidden in Islam.practised in the west is forbidden in Islam.

PRINCIPLESPRINCIPLES

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

PRINCIPLESPRINCIPLES

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

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PRINCIPLESPRINCIPLES

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

PRINCIPLESPRINCIPLES

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LEGAL HEIR/SHARERSLEGAL HEIR/SHARERS

• There are total of nine obligatory sharers and Muslim jurists have There are total of nine obligatory sharers and Muslim jurists have added further three by the juristic method of qiyas (analogy):-added further three by the juristic method of qiyas (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

إن ف ن ي ي ث لن ا ظ ح ل ث م ر ك ذ لل م ك د ل و أ في ه ل ال م ك صي إن يو ف ن ي ي ث لن ا ظ ح ل ث م ر ك ذ لل م ك د ل و أ في ه ل ال م ك صي يوت ن كا إن و ك ر ت ما ثا ل ث ن ه ل ف ن ي ت ن ث ا وق ف ساء ن ن ت ك ن كا إن و ك تر ما ثا ل ث ن ه ل ف ن ي ت ن ث ا ق و ف ساء ن ن ك

ما ه ن م د ح وا ل ك ل ه ي و ب ل و ف ص ن ال ها ل ف ة د ح ما وا ه ن م د ح وا ل ك ل ه ي و ب ل و ف ص ن ال ها ل ف ة د ح واه ل كن ي م ل إن ف د ل و ه ل ن كا إن ك تر ما م س د س ه ال ل كن ي م ل إن ف د ل و ه ل ن كا إن ك ر ت ما م س د س ال

ة و خ إ ه ل ن كا إن ف ث ل ث ال ه م ل ف واه ب أ ه ث ر و و د ل ة و و خ إ ه ل ن كا إن ف ث ل ث ال ه م ل ف ه وا ب أ ه ث ر و و د ل ون ي د و أ ها ب صي يو ة ي ص و د ع ب من س د س ال ه م ل ن ف ي د و أ ها ب صي يو ة ي ص و د ع ب من دس س ال ه م ل ف

ف فعا ن م ك ل ب ر ق أ م ه ي أ ن رو د ت ل م ك ؤ أبنا و م ك ؤ بآ ف آ فعا ن م ك ل ب ر ق أ م ه ي أ ن رو د ت ل م ك ؤ أبنا و م ك ؤ بآ آما﴿ كي ح ليما ع ن كا ه ل ال ن إ ه ل ال ن م ة ض ري ما﴿ كي ح ليما ع ن كا ه ل ال ن إ ه ل ال ن م ة ض ري :4 11:4 11  ﴾ ﴾

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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 of the deceased are) more than two daughters, they shall have two-thirds of the inheritance; and if there is shall have two-thirds of the inheritance; and if there is only one daughter, then she shall have half the only one daughter, then she shall have half the inheritance. If the deceased has any offspring, each of inheritance. If the deceased has any offspring, each of his parents shall have a sixth of the inheritance; and if his parents shall have a sixth of the inheritance; and if the deceased has no child and his parents alone inherit the deceased has no child and his parents alone inherit him, then one-third shall go to his mother; and if the him, then one-third shall go to his mother; and if the deceased has brothers and sisters, then one-sixth shall deceased has brothers and sisters, then one-sixth shall go to his mother. All these shares are to be given after go to his mother. All these shares are to be given after payment of the bequest he might have made or any payment of the bequest he might have made or any debts outstanding against himdebts 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 them If the deceased has parents, each one of them

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

SCENARIO NO 1 SCENARIO NO 1

د ل و ن ه ل كن ي م ل إن م ك ج وا ز أ ك ر ت ما ف ص ن م ك ل د و ل و ن ه ل كن ي م ل إن م ك ج وا ز أ ك ر ت ما ف ص ن م ك ل وعد ب من ن ك تر ما م ع ب ر ال م ك ل ف د ل و ن ه ل ن كا إن د ف ع ب من ن ك ر ت ما م ع ب ر ال م ك ل ف د ل و ن ه ل ن كا إن ف

إن م ت ك ر ت ما م ع ب ر ال ن ه ل و ن ي د و أ ها ب ن صي يو ة ي ص إن و م ت ك ر ت ما م ع ب ر ال ن ه ل و ن ي د و أ ها ب ن صي يو ة ي ص و ن م ث ال ن ه ل ف د ل و م ك ل ن كا فإن د ل و م ك ل كن ي م ل ن م ث ال ن ه ل ف د ل و م ك ل ن كا فإن د ل و م ك ل كن ي م لإن و ن ي د و أ ها ب ن صو تو ة ي ص و د ع ب من تم ك ر ت ما إن م و ن ي د و أ ها ب ن صو تو ة ي ص و د ع ب من تم ك ر ت ما م

ل ك ل ف ت خ أ و أ خ أ ه ل و ة أ ر م ا أو ة ل ل ك ث ر يو ل ج ر ن ل كا لك ف ت خ أ و أ خ أ ه ل و ة أ ر م ا أو ة ل ل ك ث ر يو ل ج ر ن كا هم ف ك ذل من ر ث ك أ ا و ن كا إن ف س د س ال ما ه ن م د ح وا م ه ف ك ذل من ر ث ك أ ا و ن كا إن ف س د س ال ما ه ن م د ح وان ي د و أ هآ ب صى يو ة ي ص و د ع ب من ث ل ث ال في كاء ر ن ش ي د و أ هآ ب صى يو ة ي ص و د ع ب من ث ل ث ال في كاء ر ش

م﴿ لي ح م لي ع ه ل وال ه ل ال ن م ة ي ص و ر ضآ م ر ي م﴿ غ لي ح م لي ع ه ل وال ه ل ال ن م ة ي ص و ر ضآ م ر ي 4:غ 12:4 12  ﴾ ﴾

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And to you belongs half of whatever has been left behind And to you belongs half of whatever has been left behind by your wives if they die childless; but if they have any by your wives if they die childless; but if they have any children then to you belongs a fourth of what they have children then to you belongs a fourth of what they have left behind, after payment of the bequest they might have left behind, after payment of the bequest they might have made or any debts outstanding against them. And to made or any debts outstanding against them. And to them belongs a fourth of what you leave behind, if you them belongs a fourth of what you leave behind, if you die childless; and if you have any child then to them die childless; and if you have any child then to them belongs one-eighth of what you have left behind, after belongs one-eighth of what you have left behind, after the payment of the bequest you might have made or any the payment of the bequest you might have made or any debts outstanding against you.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 and If deceased has parents and brothers and sisterssisters– 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 1/2If she has no children, husband will get 1/2– If children then husband will get 1/4If children then husband will get 1/4

SCENARIO NO 2SCENARIO NO 2

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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.

SCENARIO NO 3SCENARIO NO 3

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

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

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

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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 any The uterine siblings only inherit in the absence of any

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

SCENARIO NO 4SCENARIO NO 4

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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 she does His brother will be the sole heir of her property, in case she does

not have any other heir like husband.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 double If she has several brothers and sisters, brothers will get double

of their sisters. of their sisters.

SCENARIO NO 5SCENARIO NO 5

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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.

SCENARIO NO 4SCENARIO NO 4

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

من ري ج ت ت نا ج ه ل دخ ي ه ل سو ر و ه ل ال ع ط ي من و ه ل ال د دو ح ك ل من ت جري ت ت نا ج ه ل خ د ي ه ل سو ر و ه ل ال ع ط ي من و ه ل ال د دو ح ك ل تم ظي ع ل ا ز و ف ل ا ك ل ذ و ها في ن دي ل خا ر ها ن ل ا ها ت ح م ت ظي ع ل ا ز و ف ل ا ك ل ذ و ها في ن دي ل خا ر ها ن ل ا ها ت ح ت

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

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