Islamic Inheritance Guide
Understand the divine laws of Mirath (Inheritance) as detailed in the Holy Quran.
The Laws of Mirath
In Islam, the distribution of a deceased person's estate is not left to human discretion. Allah (SWT) has explicitly outlined the precise shares for each eligible heir in the Quran, primarily in Surah An-Nisa. This science of inheritance is known as Ilm al-Faraid.
Pre-Distribution Obligations
Before any wealth is distributed to the heirs, three critical obligations must be settled from the deceased's estate in the following order:
- Funeral & Burial Expenses: Reasonable costs associated with the burial.
- Debts & Liabilities: Including pending Zakat, unpaid Kaffarah, Mahr (dowry) owed to the wife, and commercial/personal debts.
- Wasiyyah (Bequest/Will): Up to a maximum of 1/3rd (33.3%) of the remaining estate can be willed to non-heirs or charities.
Primary Fixed Shares (Ashab al-Furud)
The Quran prescribes fixed fractional shares (1/2, 1/4, 1/8, 2/3, 1/3, 1/6) for certain primary heirs. The actual distribution depends entirely on who survives the deceased. Here is a basic overview of potential shares for primary heirs:
| Heir | Share | Condition |
|---|---|---|
| Husband | 1/2 | If the deceased wife leaves no children/descendants. |
| Husband | 1/4 | If the deceased wife leaves children. |
| Wife | 1/4 | If the deceased husband leaves no children (shared equally if multiple wives). |
| Wife | 1/8 | If the deceased husband leaves children. |
| Daughter (Single) | 1/2 | If she is the only child (no sons or other daughters). |
| Daughters (Multiple) | 2/3 | If there are 2 or more daughters and no sons (they share the 2/3 equally). |
| Mother | 1/6 | If the deceased has children or multiple siblings. |
| Mother | 1/3 | If the deceased has no children and no multiple siblings. |
| Father | 1/6 | If the deceased has children. (May also inherit the remainder if applicable). |
The Rule of Asabah (Residuaries)
After the fixed shares (Ashab al-Furud) are distributed, the remaining estate goes to the residuary heirs (Al-Asabah), which are typically male relatives on the paternal side. The most common residuaries are sons.
Example: If a man dies leaving a wife, a son, and a daughter:
- The Wife gets 1/8 (fixed share because there are children).
- The remaining 7/8 is divided between the Son and the Daughter.
- The rule applies: "for the male, what is equal to the share of two females." So the son gets twice the share of the daughter.