Islamic Law of Inheritance: Rules, Heirs and Justice

Inheritance in Islam

The Islamic law of inheritance involves dividing a deceased person’s estate among their heirs according to specific guidelines outlined in Islamic law (Sharia). This includes all types of assets such as money, property, land, and personal belongings. The primary goal of the Muslim law of inheritance is to provide a fair and just distribution of wealth and prevent its concentration in the hands of a few, while also safeguarding the rights of all heirs, including women and children.

The laws of inheritance are outlined in the Quran, primarily in Surah Nisa’a, chapter 4. Additionally, the Hadith of Prophet Muhammad (PBUH) further clarifies and supports these guidelines.

Hazrat Abbas (RA) Narrated that:

The Prophet (SAW) said, “Give the Fara’id (the shares prescribed in the Quran) to those who are entitled to receive it, and then whatever remains should be given to the closest male relative of the deceased.” [Sahih al-Bukhari 6737]

Who are the Heirs in Islam?

In Islamic law, specific individuals are designated as heirs who receive a share of a deceased person’s inheritance. These heirs are classified into three main categories:

• Primary Heirs (Ashab al-Furud)
• Residuary Heirs (Asaba)
• Distant Kindred (Dhawil-Arham).

Primary Heirs (Ashab al-Furud)

Primary Heirs are relatives who are entitled to a fixed share of the inheritance as prescribed in the Quran. The list of primary heirs includes:

1. Father
2. Mother
3. Husband
4. Wife
5. Daughter
6. Son’s Daughter (when there are no sons)
7. Full Sister (sister from both parents)
8. Maternal Half-Sister (sister from the mother only)
9. Paternal Half-Sister (sister from the father only, in the absence of full sisters)
10. Paternal Grandfather (when the father is not alive)
11. Maternal Grandmother
12. Paternal Grandmother (in the absence of the mother)

Residuary Heirs (Asaba)

The remaining portion of the Mirath goes to the Residuary Heirs after the Primary Heirs receive their fixed shares. Their closeness in the family tree determines how the Residuary Heirs inherit. They receive the remainder of the estate after the fixed shares have been allocated, and if there are no primary heirs, they may inherit the entire estate. Here is a list of residuary heirs;

1. Son
2. Grandson (son’s son and his male descendants)
3. Father (if no son exists)
4. Paternal Grandfather (if both the father and son are absent)
5. Full Brother (brother from both parents)
6. Paternal Half-Brother (brother from the father only)
7. Full Brother’s Son
8. Paternal Half-Brother’s Son
9. Full Paternal Uncle (father’s full brother)
10. Paternal Half-Uncle (father’s half-brother)
11. Full Paternal Uncle’s Son
12. Paternal Half-Uncle’s Son

Distant Kindred (Dhawil-Arham)

Distant Kindred refers to relatives who inherit only in the absence of primary and residuary heirs. Their inheritance is determined based on their relationship to the deceased. The list of distant kindred includes:

1. Maternal Uncles
2. Maternal Aunts
3. Paternal Aunts (both full and half)
4. Maternal Uncle’s Children
5. Maternal Aunt’s Children
6. Paternal Aunt’s Children
7. Daughters of Full Brothers
8. Daughters of Paternal Half-Brothers
9. Sons and Daughters of Full Sisters
10. Sons and Daughters of Maternal Half-Sisters
11. Maternal Grandfather (if the father and paternal grandfather are absent)
12. Descendants of more distant relatives, such as great-grandparents’ siblings and their children

These Distant Kindred inherit the estate only if there are no surviving Primary Heirs (Ashab al-Furud) or Residuary Heirs (Asaba). The closeness of their family lineage to the deceased determines their inheritance.

Rights of Women in Inheritance

In Islamic (Muslim) law of inheritance, women are granted specific rights to ensure they receive a share of the deceased’s estate. A woman’s share depends on her relationship with the deceased and the presence of other heirs.

For example, a daughter inherits half of what a son inherits, rooted in the Islamic principle that men bear financial responsibility for their families. A wife is entitled to one-fourth of her husband’s estate if they have no children and one-eighth if they do. Similarly, a mother is entitled to one-sixth of her child’s estate if the child has descendants. Islamic law often assigns women smaller shares compared to their male partners.

To learn more about women’s rights in inheritance, click the following link: Empowering Women Through Inheritance: Their Rights in Islam.

Role of Wasiyyah (will) in Mirath

Wasiyyah in Islam is a will or bequest that allows Muslims to decide who will receive a part of their wealth after they pass away. This is specifically for people who would only sometimes get a share under the usual inheritance rules in Islam. The Wasiyyah only takes effect after the person has died.

Rules Governing Wasiyyah: Islamic law has specific rules to ensure that a Wasiyyah is fair and just:

• Limit on Amount: The person making a Wasiyyah can allocate only one-third of the total inheritance. The Muslim law of inheritance requires that the other two-thirds must go to the heirs with fixed shares.
• Who Can Benefit: Under the Islamic (Muslim) law of inheritance, the Wasiyyah cannot be used to give extra money to someone who already has a fixed share. This prevents unfairness among the heirs.
• Making It Legal: For a Wasiyyah to be valid, the person must be mentally sound and capable of making such decisions. The person should write down and have the Wasiyyah witnessed to avoid disputes later.

Debt Repayment

When distributing any inheritance, the heirs must first prioritize paying off the deceased’s debts. This includes settling all outstanding financial obligations and religious duties such as unpaid Zakat (charitable giving). Only after these debts are fully paid can the remaining estate be divided according to the Muslim law of inheritance.

Impact on Heirs: Repaying debts can significantly reduce the amount of Mirath available for inheritance. If the debts are substantial, they may consume most or all of the estate, leaving little or nothing for the heirs. In such cases, the heirs might receive less than expected, or in serious situations, they might not receive anything at all. This rule ensures that the heirs respect their rights and that the deceased does not leave behind unpaid obligations.

For more information about debt in Islam, visit the following link: Managing Debt in Islam: A Guide to Ethical Borrowing and Lending.

Distribution Roles

Upon a person’s death, their estate must be distributed in the following manner:

• Paying funeral expenses
• Paying debts
• Distributing the Wasiyyah (up to one-third of the deceased wealth)
• The heirs distribute the remaining estate according to Sharia (known as the Mirath).

The first two requirements differ by jurisdiction and individual circumstances. Therefore, the Quran focuses most on inheritance in the Wasiyyah and the Mirath.

Who Cannot Inherit in Islam?

In Islamic law of inheritance, there are specific conditions under which certain individuals are prohibited from receiving a share of the deceased’s estate. Here’s a breakdown of who cannot inherit:

Murderers

If someone intentionally and unlawfully kills the person from whom they would inherit, they are automatically disqualified from receiving any part of the deceased’s estate. This rule is based on the principle that individuals should not benefit from their own wrongdoings. It serves to uphold justice and prevent people from profiting from their criminal actions.

Intent and Proof: For a murderer to be disqualified from inheritance, the act must be intentional and proven. A person is not disqualified from inheriting due to accidental death or self-defense. The legal system must establish guilt before banning individuals from inheritance.

To learn more about murder in Islam, visit the following link: Murder in Islamic Law: From Prohibition to Punishment.

Apostates

In Islam, an apostate is someone who has left the Islamic faith. If a person decides to stop being a Muslim, they are generally not allowed to inherit anything from their Muslim family members. This is because inheritance in Islam is meant for those who stay connected to the faith and the Muslim community. By leaving Islam, an apostate loses the right to inherit from their Muslim relatives.

In the case of apostasy, there must be a formal declaration or clear proof that the person has rejected Islam. The disqualification applies only if proven apostasy occurs and the individual does not repent (Tawbah) and return to Islam.

Illegitimate Heirs

In Islamic law, inheritance rights are typically granted to children born within a lawful marriage, while denying such rights to illegitimate children or those born outside of marriage. However, Islamic law does allow illegitimate children to inherit from their mother, regardless of the circumstances of their birth. This rule emphasizes the significance of lawful family ties in determining inheritance rights in Islam.

Legal Definition: Islamic law does not grant inheritance rights to an illegitimate child when paternity is not legally recognized within an Islamic marriage. The interpretation of Islamic law and the specific legal system in place can lead to variations in the rules regarding illegitimacy.

Importance of Justice in Islamic Inheritance

Islamic inheritance law highlights justice to ensure the fair distribution of wealth among the deceased’s family members. Islam views justice in inheritance as obedience to Allah (SWT). Islamic law clearly defines who receives a share and how much each heir gets based on their relationship to the deceased. This system protects everyone’s rights, especially those who might be vulnerable, like women and children, making sure they are not left out or mistreated. By following these rules, families can avoid disputes, as everyone knows what to expect, and the process remains transparent and fair.