Laws of inheritance

11
ISLAMIC LAW OFISLAMIC LAW OF
INHERITANCEINHERITANCE

HADITHHADITH
• ““Learn the laws of inheritance and teachLearn the laws of inheritance and teach
them to the people for they are one-half ofthem to the people for they are one-half of
useful knowledge." (Sunnan Ibn Majjah)useful knowledge." (Sunnan Ibn Majjah)
22

33
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 amongstDistribution of remaining estate amongst
the heirs according to Sharia.the heirs according to Sharia.

44
"It is not for a believer, man or woman,"It is not for a believer, man or woman,
when Allah and His Messenger havewhen Allah and His Messenger have
decreed a matter that they should havedecreed a matter that they should have
any opinion in their decision. And whoeverany opinion in their decision. And whoever
disobeys Allah and His Messenger hasdisobeys Allah and His Messenger has
indeed strayed into a plain error." [Quranindeed strayed into a plain error." [Quran
33:36]33:36]

55
PROFESSOR ALMARIC RUMSEYPROFESSOR ALMARIC RUMSEY
(1825-1899)(1825-1899)
““Muslim law of inheritance comprisesMuslim law of inheritance comprises
beyond question the most refined andbeyond question the most refined and
elaborate system of rules for theelaborate system of rules for the
devolution of property that is known to thedevolution of property that is known to the
civilised world."civilised world."

‫ساء‬َ ‫ن‬ّ ‫لل‬ِ ‫وو‬‫و‬‫و‬َ ‫و‬‫ن‬َ ‫بو‬ُ ‫ر‬َ ‫ق‬ْ ‫ل‬َ ‫ووا‬‫و‬‫و‬َ ‫و‬‫ن‬ِ ‫دا‬َ ‫ل‬ِ ‫وا‬َ ‫ل‬ْ ‫اووو‬ ‫و‬‫ك‬َ ‫ر‬َ ‫ت‬َ ‫و‬‫و‬‫وا‬‫م‬ّ ‫م‬ّ ‫ب‬ٌ ‫يووو‬ِ ‫و‬‫ووص‬‫و‬‫ن‬َ‫و‬‫ل‬ِ ‫جا‬َ ‫ر‬ّ ‫لل‬ّ‫ساء‬َ ‫ن‬ّ ‫لل‬ِ ‫وو‬‫و‬‫و‬َ ‫و‬‫ن‬َ ‫بو‬ُ ‫ر‬َ ‫ق‬ْ ‫ل‬َ ‫ووا‬‫و‬‫و‬َ ‫و‬‫ن‬ِ ‫دا‬َ ‫ل‬ِ ‫وا‬َ ‫ل‬ْ ‫اووو‬ ‫و‬‫ك‬َ ‫ر‬َ ‫ت‬َ ‫و‬‫و‬‫وا‬‫م‬ّ ‫م‬ّ ‫ب‬ٌ ‫يووو‬ِ ‫و‬‫ووص‬‫و‬‫ن‬َ‫و‬‫ل‬ِ ‫جا‬َ ‫ر‬ّ ‫لل‬ّ
‫ما‬ّ ‫م‬ّ ‫ب‬ٌ ‫صي‬ِ ‫ن‬َ‫ما‬ّ ‫م‬ّ ‫ب‬ٌ ‫صي‬ِ ‫ن‬َ
‫با‬ً ‫صي‬ِ ‫ن‬َ ‫ر‬َ ‫ث‬ُ ‫ك‬َ ‫و‬ْ ‫أوو‬َ ‫و‬‫ه‬ُ ‫ن‬ْ ‫موو‬ِ ‫و‬‫ل‬ّ ‫ق‬َ ‫و‬‫و‬‫وا‬‫م‬ّ ‫وو‬‫و‬‫م‬ِ ‫و‬‫ن‬َ ‫بو‬ُ ‫ر‬َ ‫ق‬ْ ‫ل‬َ ‫ووا‬‫و‬‫و‬َ ‫و‬‫ن‬ِ ‫دا‬َ ‫ل‬ِ ‫وا‬َ ‫ل‬ْ ‫اووو‬ ‫و‬‫ك‬َ ‫ر‬َ ‫ت‬َ‫با‬ً ‫صي‬ِ ‫ن‬َ ‫ر‬َ ‫ث‬ُ ‫ك‬َ ‫و‬ْ ‫أوو‬َ ‫و‬‫ه‬ُ ‫ن‬ْ ‫موو‬ِ ‫و‬‫ل‬ّ ‫ق‬َ ‫و‬‫و‬‫وا‬‫م‬ّ ‫وو‬‫و‬‫م‬ِ ‫و‬‫ن‬َ ‫بو‬ُ ‫ر‬َ ‫ق‬ْ ‫ل‬َ ‫ووا‬‫و‬‫و‬َ ‫و‬‫ن‬ِ ‫دا‬َ ‫ل‬ِ ‫وا‬َ ‫ل‬ْ ‫اووو‬ ‫و‬‫ك‬َ ‫ر‬َ ‫ت‬َ
﴿‫ضا‬ً ‫رو‬ُ ‫ف‬ْ ‫م‬ّ﴿‫ضا‬ً ‫رو‬ُ ‫ف‬ْ ‫م‬ّ:4 7:4 7 ﴾ ﴾
• Just as there is a share for men in whatJust as there is a share for men in what
their parents and kinsfolk leave behind, sotheir parents and kinsfolk leave behind, so
there is a share for women in what theirthere is a share for women in what their
parents and kinsfolk leave behind - be itparents and kinsfolk leave behind - be it
little or much - a share ordained (by Allah).little or much - a share ordained (by Allah).66

‫ن‬ُ ‫كي‬ِ ‫سا‬َ ‫م‬َ ‫ل‬ْ ‫وا‬َ ‫مى‬َ ‫تا‬َ ‫ي‬َ ‫ل‬ْ ‫وا‬َ ‫بى‬َ ‫ر‬ْ ‫ق‬ُ ‫ل‬ْ ‫ا‬ ‫ا‬ْ ‫لو‬ُ ‫و‬ْ ‫أ‬ُ ‫ة‬َ ‫م‬َ ‫س‬ْ ‫ق‬ِ ‫ل‬ْ ‫ا‬ ‫ر‬َ ‫ض‬َ ‫ح‬َ ‫ذا‬َ ‫إ‬ِ ‫و‬َ‫ن‬ُ ‫كي‬ِ ‫سا‬َ ‫م‬َ ‫ل‬ْ ‫وا‬َ ‫مى‬َ ‫تا‬َ ‫ي‬َ ‫ل‬ْ ‫وا‬َ ‫بى‬َ ‫ر‬ْ ‫ق‬ُ ‫ل‬ْ ‫ا‬ ‫ا‬ْ ‫لو‬ُ ‫و‬ْ ‫أ‬ُ ‫ة‬َ ‫م‬َ ‫س‬ْ ‫ق‬ِ ‫ل‬ْ ‫ا‬ ‫ر‬َ ‫ض‬َ ‫ح‬َ ‫ذا‬َ ‫إ‬ِ ‫و‬َ
‫وموو‬‫ه‬ُ ‫قو‬ُ ‫ز‬ُ ‫ر‬ْ ‫فا‬َ‫وموو‬‫ه‬ُ ‫قو‬ُ ‫ز‬ُ ‫ر‬ْ ‫فا‬َ )):4 8:4 8‫ا‬ْ ‫لو‬ُ ‫قو‬ُ ‫و‬َ ‫ه‬ُ ‫ن‬ْ ‫م‬ّ‫ا‬ْ ‫لو‬ُ ‫قو‬ُ ‫و‬َ ‫ه‬ُ ‫ن‬ْ ‫م‬ّ
‫فا‬ً ‫رو‬ُ ‫ع‬ْ ‫م‬ّ ‫ل‬ً ‫و‬ْ ‫ق‬َ ‫م‬ْ ‫ه‬ُ ‫ل‬َ‫فا‬ً ‫رو‬ُ ‫ع‬ْ ‫م‬ّ ‫ل‬ً ‫و‬ْ ‫ق‬َ ‫م‬ْ ‫ه‬ُ ‫ل‬َ ﴿﴿
If other near of kin orphans and needy areIf other near of kin orphans and needy are
present at the time of division ofpresent at the time of division of
inheritance give them some thing of it andinheritance give them some thing of it and
speak to them kindlyspeak to them kindly
77

• Although they are not legally entitled toAlthough they are not legally entitled to
any share it is seemly for people to actany share it is seemly for people to act
magnanimously and give them somethingmagnanimously and give them something
out of their inheritance, and especially toout of their inheritance, and especially to
desist from making hurtful remarksdesist from making hurtful remarks
88

LEGAL INJUNCTIONSLEGAL INJUNCTIONS
• First, that women as well as men are entitled toFirst, 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 isThird, this verse indicates that the law of inheritance is
applicable to all kinds of property - movable andapplicable 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 intoFourth, 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-relativesFifth, it implies the rule that immediate blood-relatives
exclude those that are further removed.exclude those that are further removed.
99

WILL VS INHERITANCEWILL VS INHERITANCE
• In Islamic Law, the inheritance from theIn 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 ownHowever, 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 on2/3 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 on1/3 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”
1010

1111
PRINCIPLESPRINCIPLES
• The first principle which the Quran lays downThe first principle which the Quran lays down
refers to males and females of equal degree andrefers to males and females of equal degree and
class. This means that a son inherits a shareclass. This means that a son inherits a share
equivalent to that of two daughters, a fullequivalent 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 asfull 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 thatchildren. For the male a share equivalent to that
of two females. “[Quran 4:11]of two females. “[Quran 4:11]

1212
• This principle is however, not universallyThis 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 thethe descendants of the mother notably the
uterine brother and uterine sister inherit equallyuterine 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." [Quranand if there is only one then it is half." [Quran
4:11]4:11]

1313
• Certain heirs referred to as primary heirsCertain heirs referred to as primary heirs
are always entitled to a share of theare always entitled to a share of the
inheritance, they are never totallyinheritance, 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 excludedAll remaining heirs can be totally excluded
by the presence of other heirs.by the presence of other heirs.

1414
• There are several rules of exclusion whichThere are several rules of exclusion which
determine the exclusion of some heirs by thedetermine 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 deceasedA person (e.g. brother) who is related to the deceased
through another (i.e. father) is excluded by thethrough another (i.e. father) is excluded by the
presence of the latter.presence of the latter.
– An individual nearer in degree (proximity) to theAn individual nearer in degree (proximity) to the
deceased excludes the one who is remoter within thedeceased excludes the one who is remoter within the
same class of heirs (son excludes all grandsons).same class of heirs (son excludes all grandsons).

1515
• Full blood excludes half-blood through father (soFull blood excludes half-blood through father (so
a full brother will exclude a consanguine brothera full brother will exclude a consanguine brother
but not a uterine brother).but not a uterine brother).
• The majority view is that the full andThe majority view is that the full and
consanguine brother is not excluded by theconsanguine brother is not excluded by the
paternal grandfather. However, the Hanafi fiqhpaternal grandfather. However, the Hanafi fiqh
allows the paternal grandfather to totally excludeallows the paternal grandfather to totally exclude
the agnatic siblings.the agnatic siblings.

1616
• Heirs may also be prevented from inheriting byHeirs may also be prevented from inheriting by
disqualification. The only two practical situationsdisqualification. The only two practical situations
which are causes of disqualification arewhich are causes of disqualification are
difference of religion and homicide.difference of religion and homicide.
““The Prophet (SAWS) said, "A Muslim cannot beThe Prophet (SAWS) said, "A Muslim cannot be
the heir of a disbeliever, nor can a disbeliever bethe 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 majorityGenerally 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 aMuslim. Although the Hanafi fiqh does allow a
Muslim to inherit from an apostate.Muslim to inherit from an apostate.

1717
• Allah's Messenger (SAWS) said, "One who killsAllah's Messenger (SAWS) said, "One who kills
a man cannot inherit from him." (Tirmidhi anda man cannot inherit from him." (Tirmidhi and
Ibn Majah)Ibn Majah)
• It should be noted that only relatives with aIt should be noted that only relatives with a
legitimate blood relationship to the deceased arelegitimate blood relationship to the deceased are
entitled to inherit from the deceased underentitled to inherit from the deceased under
Islamic law. Thus, illegitimate children accordingIslamic law. Thus, illegitimate children according
to Islamic law and adopted children have no partto Islamic law and adopted children have no part
in inheritance. Incidentally legal adoption asin inheritance. Incidentally legal adoption as
practised in the west is forbidden in Islam.practised in the west is forbidden in Islam.

1818
• Under certain circumstances afterUnder certain circumstances after
allocation of the estate amongst all theallocation of the estate amongst all the
heirs with fixed shares there is a residueheirs with fixed shares there is a residue
left over but there are no residuaries. Thisleft over but there are no residuaries. This
residue called al-radd is returned to thoseresidue called al-radd is returned to those
sharers who are entitled to it, in proportionsharers who are entitled to it, in proportion
to their original shares.to their original shares.

• If the shares of all fixed heirs are greaterIf the shares of all fixed heirs are greater
than remainder of estate/assets, then thethan remainder of estate/assets, then the
shares are pulled back using Doctrine ofshares are pulled back using Doctrine of
al-Awlal-Awl
1919

2020
• A person can will up to 1/3 of his/herA person can will up to 1/3 of his/her
propertyproperty
• Majority of the Sunni schools of thoughtMajority of the Sunni schools of thought
state that the one-third share cannot bestate 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

2121
LEGAL HEIR/SHARERSLEGAL HEIR/SHARERS
• There are total of nine obligatory sharers and Muslim jurists haveThere 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

‫إن‬ِ ‫ف‬َ ‫ن‬ِ ‫ي‬ْ ‫ي‬َ ‫ث‬َ ‫لن‬ُ ‫ا‬ ‫ظ‬ّ ‫ح‬َ ‫ل‬ُ ‫ث‬ْ ‫م‬ِ ‫ر‬ِ ‫ك‬َ ‫ذ‬ّ ‫لل‬ِ ‫م‬ْ ‫ك‬ُ ‫د‬ِ ‫ل‬َ ‫و‬ْ ‫أ‬َ ‫في‬ِ ‫ه‬ُ ‫ل‬ّ ‫ال‬ ‫م‬ُ ‫ك‬ُ ‫صي‬ِ ‫يو‬ُ‫إن‬ِ ‫ف‬َ ‫ن‬ِ ‫ي‬ْ ‫ي‬َ ‫ث‬َ ‫لن‬ُ ‫ا‬ ‫ظ‬ّ ‫ح‬َ ‫ل‬ُ ‫ث‬ْ ‫م‬ِ ‫ر‬ِ ‫ك‬َ ‫ذ‬ّ ‫لل‬ِ ‫م‬ْ ‫ك‬ُ ‫د‬ِ ‫ل‬َ ‫و‬ْ ‫أ‬َ ‫في‬ِ ‫ه‬ُ ‫ل‬ّ ‫ال‬ ‫م‬ُ ‫ك‬ُ ‫صي‬ِ ‫يو‬ُ
‫ت‬ْ ‫ن‬َ ‫كا‬َ ‫إن‬ِ ‫و‬َ ‫ك‬َ ‫ر‬َ ‫ت‬َ ‫ما‬َ ‫ثا‬َ ‫ل‬ُ ‫ث‬ُ ‫ن‬ّ ‫ه‬ُ ‫ل‬َ ‫ف‬َ ‫ن‬ِ ‫ي‬ْ ‫ت‬َ ‫ن‬َ ‫ث‬ْ ‫ا‬ ‫ق‬َ ‫و‬ْ ‫ف‬َ ‫ساء‬َ ‫ن‬ِ ‫ن‬ّ ‫ك‬ُ‫ت‬ْ ‫ن‬َ ‫كا‬َ ‫إن‬ِ ‫و‬َ ‫ك‬َ ‫ر‬َ ‫ت‬َ ‫ما‬َ ‫ثا‬َ ‫ل‬ُ ‫ث‬ُ ‫ن‬ّ ‫ه‬ُ ‫ل‬َ ‫ف‬َ ‫ن‬ِ ‫ي‬ْ ‫ت‬َ ‫ن‬َ ‫ث‬ْ ‫ا‬ ‫ق‬َ ‫و‬ْ ‫ف‬َ ‫ساء‬َ ‫ن‬ِ ‫ن‬ّ ‫ك‬ُ
‫ما‬َ ‫ه‬ُ ‫ن‬ْ ‫م‬ّ ‫د‬ٍ ‫ح‬ِ ‫وا‬َ ‫ل‬ّ ‫ك‬ُ ‫ل‬ِ ‫ه‬ِ ‫ي‬ْ ‫و‬َ ‫ب‬َ ‫ل‬َ ‫و‬َ ‫ف‬ُ ‫ص‬ْ ‫ن‬ّ ‫ال‬ ‫ها‬َ ‫ل‬َ ‫ف‬َ ‫ة‬ً ‫د‬َ ‫ح‬ِ ‫وا‬َ‫ما‬َ ‫ه‬ُ ‫ن‬ْ ‫م‬ّ ‫د‬ٍ ‫ح‬ِ ‫وا‬َ ‫ل‬ّ ‫ك‬ُ ‫ل‬ِ ‫ه‬ِ ‫ي‬ْ ‫و‬َ ‫ب‬َ ‫ل‬َ ‫و‬َ ‫ف‬ُ ‫ص‬ْ ‫ن‬ّ ‫ال‬ ‫ها‬َ ‫ل‬َ ‫ف‬َ ‫ة‬ً ‫د‬َ ‫ح‬ِ ‫وا‬َ
‫ه‬ُ ‫ل‬ّ ‫كن‬ُ ‫ي‬َ ‫م‬ْ ‫ل‬ّ ‫إن‬ِ ‫ف‬َ ‫د‬ٌ ‫ل‬َ ‫و‬َ ‫ه‬ُ ‫ل‬َ ‫ن‬َ ‫كا‬َ ‫إن‬ِ ‫ك‬َ ‫ر‬َ ‫ت‬َ ‫ما‬ّ ‫م‬ِ ‫س‬ُ ‫د‬ُ ‫س‬ّ ‫ال‬‫ه‬ُ ‫ل‬ّ ‫كن‬ُ ‫ي‬َ ‫م‬ْ ‫ل‬ّ ‫إن‬ِ ‫ف‬َ ‫د‬ٌ ‫ل‬َ ‫و‬َ ‫ه‬ُ ‫ل‬َ ‫ن‬َ ‫كا‬َ ‫إن‬ِ ‫ك‬َ ‫ر‬َ ‫ت‬َ ‫ما‬ّ ‫م‬ِ ‫س‬ُ ‫د‬ُ ‫س‬ّ ‫ال‬
‫ة‬ٌ ‫و‬َ ‫خ‬ْ ‫إ‬ِ ‫ه‬ُ ‫ل‬َ ‫ن‬َ ‫كا‬َ ‫إن‬ِ ‫ف‬َ ‫ث‬ُ ‫ل‬ُ ‫ث‬ّ ‫ال‬ ‫ه‬ِ ‫م‬ّ ‫ل‬ُ ‫ف‬َ ‫ه‬ُ ‫وا‬َ ‫ب‬َ ‫أ‬َ ‫ه‬ُ ‫ث‬َ ‫ر‬ِ ‫و‬َ ‫و‬َ ‫د‬ٌ ‫ل‬َ ‫و‬َ‫ة‬ٌ ‫و‬َ ‫خ‬ْ ‫إ‬ِ ‫ه‬ُ ‫ل‬َ ‫ن‬َ ‫كا‬َ ‫إن‬ِ ‫ف‬َ ‫ث‬ُ ‫ل‬ُ ‫ث‬ّ ‫ال‬ ‫ه‬ِ ‫م‬ّ ‫ل‬ُ ‫ف‬َ ‫ه‬ُ ‫وا‬َ ‫ب‬َ ‫أ‬َ ‫ه‬ُ ‫ث‬َ ‫ر‬ِ ‫و‬َ ‫و‬َ ‫د‬ٌ ‫ل‬َ ‫و‬َ
‫ن‬ٍ ‫ي‬ْ ‫د‬َ ‫و‬ْ ‫أ‬َ ‫ها‬َ ‫ب‬ِ ‫صي‬ِ ‫يو‬ُ ‫ة‬ٍ ‫ي‬ّ ‫ص‬ِ ‫و‬َ ‫د‬ِ ‫ع‬ْ ‫ب‬َ ‫من‬ِ ‫س‬ُ ‫د‬ُ ‫س‬ّ ‫ال‬ ‫ه‬ِ ‫م‬ّ ‫ل‬ُ ‫ف‬َ‫ن‬ٍ ‫ي‬ْ ‫د‬َ ‫و‬ْ ‫أ‬َ ‫ها‬َ ‫ب‬ِ ‫صي‬ِ ‫يو‬ُ ‫ة‬ٍ ‫ي‬ّ ‫ص‬ِ ‫و‬َ ‫د‬ِ ‫ع‬ْ ‫ب‬َ ‫من‬ِ ‫س‬ُ ‫د‬ُ ‫س‬ّ ‫ال‬ ‫ه‬ِ ‫م‬ّ ‫ل‬ُ ‫ف‬َ
‫ف‬ ‫فعا‬ْ ‫ن‬َ ‫م‬ْ ‫ك‬ُ ‫ل‬َ ‫ب‬ُ ‫ر‬َ ‫ق‬ْ ‫أ‬َ ‫م‬ْ ‫ه‬ُ ‫ي‬ّ ‫أ‬َ ‫ن‬َ ‫رو‬ُ ‫د‬ْ ‫ت‬َ ‫ل‬َ ‫م‬ْ ‫ك‬ُ ‫ؤ‬ُ ‫أبنا‬َ ‫و‬َ ‫م‬ْ ‫ك‬ُ ‫ؤ‬ُ ‫بآ‬َ ‫آ‬‫ف‬ ‫فعا‬ْ ‫ن‬َ ‫م‬ْ ‫ك‬ُ ‫ل‬َ ‫ب‬ُ ‫ر‬َ ‫ق‬ْ ‫أ‬َ ‫م‬ْ ‫ه‬ُ ‫ي‬ّ ‫أ‬َ ‫ن‬َ ‫رو‬ُ ‫د‬ْ ‫ت‬َ ‫ل‬َ ‫م‬ْ ‫ك‬ُ ‫ؤ‬ُ ‫أبنا‬َ ‫و‬َ ‫م‬ْ ‫ك‬ُ ‫ؤ‬ُ ‫بآ‬َ ‫آ‬
﴿‫ما‬ً ‫كي‬ِ ‫ح‬َ ‫ليما‬ِ ‫ع‬َ ‫ن‬َ ‫كا‬َ ‫ه‬َ ‫ل‬ّ ‫ال‬ ‫ن‬ّ ‫إ‬ِ ‫ه‬ِ ‫ل‬ّ ‫ال‬ ‫ن‬َ ‫م‬ّ ‫ة‬ً ‫ض‬َ ‫ري‬ِ َ﴿‫ما‬ً ‫كي‬ِ ‫ح‬َ ‫ليما‬ِ ‫ع‬َ ‫ن‬َ ‫كا‬َ ‫ه‬َ ‫ل‬ّ ‫ال‬ ‫ن‬ّ ‫إ‬ِ ‫ه‬ِ ‫ل‬ّ ‫ال‬ ‫ن‬َ ‫م‬ّ ‫ة‬ً ‫ض‬َ ‫ري‬ِ َ:4 11:4 11 ﴾ ﴾
2222

• Allah thus commands you concerning your children: theAllah thus commands you concerning your children: the
share of the male is like that of two females. If (the heirsshare of the male is like that of two females. If (the heirs
of the deceased are) more than two daughters, theyof the deceased are) more than two daughters, they
shall have two-thirds of the inheritance; and if there isshall have two-thirds of the inheritance; and if there is
only one daughter, then she shall have half theonly one daughter, then she shall have half the
inheritance. If the deceased has any offspring, each ofinheritance. If the deceased has any offspring, each of
his parents shall have a sixth of the inheritance; and ifhis parents shall have a sixth of the inheritance; and if
the deceased has no child and his parents alone inheritthe deceased has no child and his parents alone inherit
him, then one-third shall go to his mother; and if thehim, then one-third shall go to his mother; and if the
deceased has brothers and sisters, then one-sixth shalldeceased has brothers and sisters, then one-sixth shall
go to his mother. All these shares are to be given aftergo to his mother. All these shares are to be given after
payment of the bequest he might have made or anypayment of the bequest he might have made or any
debts outstanding against himdebts outstanding against him
2323

2424
• Deceased has no son and two or moreDeceased 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 1/2If only one daughter, she will get 1/2
• Remaining heirs will inherit 1/3 and 1/2Remaining heirs will inherit 1/3 and 1/2
respectivelyrespectively
• If the deceased has parents, each one of themIf 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 remainingdaughter, grandson/daughter) and remaining
property i.e. 2/3 will be inherited by rest of theproperty i.e. 2/3 will be inherited by rest of the
heirs.heirs.
SCENARIO NO 1SCENARIO NO 1

‫د‬ٌ ‫ل‬َ ‫و‬َ ‫ن‬ّ ‫ه‬ُ ‫ل‬ّ ‫كن‬ُ ‫ي‬َ ‫م‬ْ ‫ل‬ّ ‫إن‬ِ ‫م‬ْ ‫ك‬ُ ‫ج‬ُ ‫وا‬َ ‫ز‬ْ ‫أ‬َ ‫ك‬َ ‫ر‬َ ‫ت‬َ ‫ما‬َ ‫ف‬ُ ‫ص‬ْ ‫ن‬ِ ‫م‬ْ ‫ك‬ُ ‫ل‬َ ‫و‬َ‫د‬ٌ ‫ل‬َ ‫و‬َ ‫ن‬ّ ‫ه‬ُ ‫ل‬ّ ‫كن‬ُ ‫ي‬َ ‫م‬ْ ‫ل‬ّ ‫إن‬ِ ‫م‬ْ ‫ك‬ُ ‫ج‬ُ ‫وا‬َ ‫ز‬ْ ‫أ‬َ ‫ك‬َ ‫ر‬َ ‫ت‬َ ‫ما‬َ ‫ف‬ُ ‫ص‬ْ ‫ن‬ِ ‫م‬ْ ‫ك‬ُ ‫ل‬َ ‫و‬َ
‫د‬ِ ‫ع‬ْ ‫ب‬َ ‫من‬ِ ‫ن‬َ ‫ك‬ْ ‫ر‬َ ‫ت‬َ ‫ما‬ّ ‫م‬ِ ‫ع‬ُ ‫ب‬ُ ‫ر‬ّ ‫ال‬ ‫م‬ُ ‫ك‬ُ ‫ل‬َ ‫ف‬َ ‫د‬ٌ ‫ل‬َ ‫و‬َ ‫ن‬ّ ‫ه‬ُ ‫ل‬َ ‫ن‬َ ‫كا‬َ ‫إن‬ِ ‫ف‬َ‫د‬ِ ‫ع‬ْ ‫ب‬َ ‫من‬ِ ‫ن‬َ ‫ك‬ْ ‫ر‬َ ‫ت‬َ ‫ما‬ّ ‫م‬ِ ‫ع‬ُ ‫ب‬ُ ‫ر‬ّ ‫ال‬ ‫م‬ُ ‫ك‬ُ ‫ل‬َ ‫ف‬َ ‫د‬ٌ ‫ل‬َ ‫و‬َ ‫ن‬ّ ‫ه‬ُ ‫ل‬َ ‫ن‬َ ‫كا‬َ ‫إن‬ِ ‫ف‬َ
‫إن‬ِ ‫م‬ْ ‫ت‬ُ ‫ك‬ْ ‫ر‬َ ‫ت‬َ ‫ما‬ّ ‫م‬ِ ‫ع‬ُ ‫ب‬ُ ‫ر‬ّ ‫ال‬ ‫ن‬ّ ‫ه‬ُ ‫ل‬َ ‫و‬َ ‫ن‬ٍ ‫ي‬ْ ‫د‬َ ‫و‬ْ ‫أ‬َ ‫ها‬َ ‫ب‬ِ ‫ن‬َ ‫صي‬ِ ‫يو‬ُ ‫ة‬ٍ ‫ي‬ّ ‫ص‬ِ ‫و‬َ‫إن‬ِ ‫م‬ْ ‫ت‬ُ ‫ك‬ْ ‫ر‬َ ‫ت‬َ ‫ما‬ّ ‫م‬ِ ‫ع‬ُ ‫ب‬ُ ‫ر‬ّ ‫ال‬ ‫ن‬ّ ‫ه‬ُ ‫ل‬َ ‫و‬َ ‫ن‬ٍ ‫ي‬ْ ‫د‬َ ‫و‬ْ ‫أ‬َ ‫ها‬َ ‫ب‬ِ ‫ن‬َ ‫صي‬ِ ‫يو‬ُ ‫ة‬ٍ ‫ي‬ّ ‫ص‬ِ ‫و‬َ
ِ‫ن‬ُ ‫م‬ُ ‫ث‬ّ ‫ال‬ ‫ن‬ّ ‫ه‬ُ ‫ل‬َ ‫ف‬َ ‫د‬ٌ ‫ل‬َ ‫و‬َ ‫م‬ْ ‫ك‬ُ ‫ل‬َ ‫ن‬َ ‫كا‬َ ‫ِن‬‫إ‬‫ف‬َ ‫د‬ٌ ‫ل‬َ ‫و‬َ ‫م‬ْ ‫ك‬ُ ‫ل‬ّ ‫كن‬ُ ‫ي‬َ ‫م‬ْ ‫ل‬ِّ‫ن‬ُ ‫م‬ُ ‫ث‬ّ ‫ال‬ ‫ن‬ّ ‫ه‬ُ ‫ل‬َ ‫ف‬َ ‫د‬ٌ ‫ل‬َ ‫و‬َ ‫م‬ْ ‫ك‬ُ ‫ل‬َ ‫ن‬َ ‫كا‬َ ‫ِن‬‫إ‬‫ف‬َ ‫د‬ٌ ‫ل‬َ ‫و‬َ ‫م‬ْ ‫ك‬ُ ‫ل‬ّ ‫كن‬ُ ‫ي‬َ ‫م‬ْ ‫ل‬ّ
‫إن‬ِ ‫و‬َ ‫ن‬ٍ ‫ي‬ْ ‫د‬َ ‫و‬ْ ‫أ‬َ ‫ها‬َ ‫ب‬ِ ‫ن‬َ ‫صو‬ُ ‫تو‬ُ ‫ة‬ٍ ‫ي‬ّ ‫ص‬ِ ‫و‬َ ‫د‬ِ ‫ع‬ْ ‫ب‬َ ‫من‬ّ ‫تم‬ُ ‫ك‬ْ ‫ر‬َ ‫ت‬َ ‫ما‬ّ ‫م‬ِ‫إن‬ِ ‫و‬َ ‫ن‬ٍ ‫ي‬ْ ‫د‬َ ‫و‬ْ ‫أ‬َ ‫ها‬َ ‫ب‬ِ ‫ن‬َ ‫صو‬ُ ‫تو‬ُ ‫ة‬ٍ ‫ي‬ّ ‫ص‬ِ ‫و‬َ ‫د‬ِ ‫ع‬ْ ‫ب‬َ ‫من‬ّ ‫تم‬ُ ‫ك‬ْ ‫ر‬َ ‫ت‬َ ‫ما‬ّ ‫م‬ِ
‫ل‬ّ ‫ك‬ُ ‫ل‬ِ ‫ف‬َ ‫ت‬ٌ ‫خ‬ْ ‫أ‬ُ ‫و‬ْ ‫أ‬َ ‫خ‬ٌ ‫أ‬َ ‫ه‬ُ ‫ل‬َ ‫و‬َ ‫ة‬ٌ ‫أ‬َ ‫ر‬َ ‫م‬ْ ‫ا‬ ‫أو‬َ ‫ة‬ً ‫ل‬َ ‫ل‬َ ‫ك‬َ ‫ث‬ُ ‫ر‬َ ‫يو‬ُ ‫ل‬ٌ ‫ج‬ُ ‫ر‬َ ‫ن‬َ ‫كا‬َ‫ل‬ّ ‫ك‬ُ ‫ل‬ِ ‫ف‬َ ‫ت‬ٌ ‫خ‬ْ ‫أ‬ُ ‫و‬ْ ‫أ‬َ ‫خ‬ٌ ‫أ‬َ ‫ه‬ُ ‫ل‬َ ‫و‬َ ‫ة‬ٌ ‫أ‬َ ‫ر‬َ ‫م‬ْ ‫ا‬ ‫أو‬َ ‫ة‬ً ‫ل‬َ ‫ل‬َ ‫ك‬َ ‫ث‬ُ ‫ر‬َ ‫يو‬ُ ‫ل‬ٌ ‫ج‬ُ ‫ر‬َ ‫ن‬َ ‫كا‬َ
ِ‫م‬ْ ‫ه‬ُ ‫ف‬َ ‫ك‬َ ِ‫ل‬‫ذ‬َ ‫من‬ِ ‫ر‬َ ‫ث‬َ ‫ك‬ْ ‫أ‬َ ‫ا‬ْ ‫و‬َ ‫ن‬ُ ‫كا‬َ ‫إن‬ِ ‫ف‬َ ‫س‬ُ ‫د‬ُ ‫س‬ّ ‫ال‬ ‫ما‬َ ‫ه‬ُ ‫ن‬ْ ‫م‬ّ ‫د‬ٍ ‫ح‬ِ ‫وا‬َِ‫م‬ْ ‫ه‬ُ ‫ف‬َ ‫ك‬َ ِ‫ل‬‫ذ‬َ ‫من‬ِ ‫ر‬َ ‫ث‬َ ‫ك‬ْ ‫أ‬َ ‫ا‬ْ ‫و‬َ ‫ن‬ُ ‫كا‬َ ‫إن‬ِ ‫ف‬َ ‫س‬ُ ‫د‬ُ ‫س‬ّ ‫ال‬ ‫ما‬َ ‫ه‬ُ ‫ن‬ْ ‫م‬ّ ‫د‬ٍ ‫ح‬ِ ‫وا‬َ
‫ن‬ٍ ‫ي‬ْ ‫د‬َ ‫و‬ْ ‫أ‬َ ‫هآ‬َ ‫ب‬ِ ‫صى‬َ ‫يو‬ُ ‫ة‬ٍ ‫ي‬ّ ‫ص‬ِ ‫و‬َ ‫د‬ِ ‫ع‬ْ ‫ب‬َ ‫من‬ِ ‫ث‬ِ ‫ل‬ُ ‫ث‬ّ ‫ال‬ ‫في‬ِ ‫كاء‬َ ‫ر‬َ ‫ش‬ُ‫ن‬ٍ ‫ي‬ْ ‫د‬َ ‫و‬ْ ‫أ‬َ ‫هآ‬َ ‫ب‬ِ ‫صى‬َ ‫يو‬ُ ‫ة‬ٍ ‫ي‬ّ ‫ص‬ِ ‫و‬َ ‫د‬ِ ‫ع‬ْ ‫ب‬َ ‫من‬ِ ‫ث‬ِ ‫ل‬ُ ‫ث‬ّ ‫ال‬ ‫في‬ِ ‫كاء‬َ ‫ر‬َ ‫ش‬ُ
﴿‫م‬ٌ ‫لي‬ِ ‫ح‬َ ‫م‬ٌ ‫لي‬ِ ‫ع‬َ ‫ه‬ُ ‫ل‬ّ ‫وال‬َ ‫ه‬ِ ‫ل‬ّ ‫ال‬ ‫ن‬َ ‫م‬ّ ‫ة‬ً ‫ي‬ّ ‫ص‬ِ ‫و‬َ ‫ر‬ّ ‫ضآ‬َ ‫م‬ُ ‫ر‬َ ‫ي‬ْ ‫غ‬َ﴿‫م‬ٌ ‫لي‬ِ ‫ح‬َ ‫م‬ٌ ‫لي‬ِ ‫ع‬َ ‫ه‬ُ ‫ل‬ّ ‫وال‬َ ‫ه‬ِ ‫ل‬ّ ‫ال‬ ‫ن‬َ ‫م‬ّ ‫ة‬ً ‫ي‬ّ ‫ص‬ِ ‫و‬َ ‫ر‬ّ ‫ضآ‬َ ‫م‬ُ ‫ر‬َ ‫ي‬ْ ‫غ‬َ:4 12:4 12 ﴾ ﴾
2525

And to you belongs half of whatever has been left behindAnd to you belongs half of whatever has been left behind
by your wives if they die childless; but if they have anyby your wives if they die childless; but if they have any
children then to you belongs a fourth of what they havechildren then to you belongs a fourth of what they have
left behind, after payment of the bequest they might haveleft behind, after payment of the bequest they might have
made or any debts outstanding against them. And tomade or any debts outstanding against them. And to
them belongs a fourth of what you leave behind, if youthem belongs a fourth of what you leave behind, if you
die childless; and if you have any child then to themdie childless; and if you have any child then to them
belongs one-eighth of what you have left behind, afterbelongs one-eighth of what you have left behind, after
the payment of the bequest you might have made or anythe payment of the bequest you might have made or any
debts outstanding against you.debts outstanding against you.
2626

2727
• If no children, mother will get 1/3 andIf 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 andIf 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

2828
• 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

2929
• 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 theTwo 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 line,And if the man or woman has no heir in the direct line,
but has a brother or sister, then each of these shallbut has a brother or sister, then each of these shall
inherit one-sixth; but if they are more than two, then theyinherit one-sixth; but if they are more than two, then they
shall inherit one-third of the inheritance, after theshall inherit one-third of the inheritance, after the
payment of the bequest that might have been made orpayment of the bequest that might have been made or
any debts outstanding against the deceased, providingany debts outstanding against the deceased, providing
that the bequest causes no injury. This is athat 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.
3030

• Prophet (peace be on him) said that even if a manProphet (peace be on him) said that even if a man
worked all his life, like the men of Paradise, yet endedworked all his life, like the men of Paradise, yet ended
his life's record by making a wrongful bequest, he wouldhis 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 effortSuch an act of deliberate injury and calculated effort
designed to deprive people of their due rights is always adesigned to deprive people of their due rights is always a
sin, but it is mentioned by God particularly in the case ofsin, but it is mentioned by God particularly in the case of
kalalahkalalah
3131

3232
• If a person dies who has neither ascendants norIf 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 moreBut 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 remainingThe remaining 5/6 or 2/3 will be distr in remaining
heirs.heirs.
– The uterine siblings only inherit in the absence of anyThe uterine siblings only inherit in the absence of any
descendants or ascendants. However, uterine siblingsdescendants or ascendants. However, uterine siblings
are not excluded by the motherare not excluded by the mother

3333
• If a man dies who has neither ascendants norIf 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 doesHis 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 theIf 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 doubleIf she has several brothers and sisters, brothers will get double
of their sisters.of their sisters.

3434
• In the absence of any daughters this rule isIn the absence of any daughters this rule is
applicable to agnatic granddaughters (son'sapplicable to agnatic granddaughters (son's
daughters). The agnatic granddaughter hasdaughters). The agnatic granddaughter has
been made a Quranic heir (sharer) by Muslimbeen made a Quranic heir (sharer) by Muslim
jurists by analogy.jurists by analogy.
• If there is only a single daughter or aganticIf there is only a single daughter or agantic
granddaughter her share is a fixed one-half, ifgranddaughter her share is a fixed one-half, if
there are two or more daughters or agnaticthere are two or more daughters or agnatic
granddaughters then their share is two-thirds.granddaughters then their share is two-thirds.

3535
• Son always gets his share as a residuary.Son always gets his share as a residuary.
After all the primary heirs with fixed shareAfter all the primary heirs with fixed share
have been given their allotted share, thenhave 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 andIf there is a daughter, then son and
daughter both shares as residuaries.daughter both shares as residuaries.
MISCMISC

‫من‬ِ ‫ري‬ِ ‫ج‬ْ ‫ت‬َ ‫ت‬ٍ ‫نا‬ّ ‫ج‬َ ‫ه‬ُ ‫ل‬ْ ‫خ‬ِ ‫د‬ْ ‫ي‬ُ ‫ه‬ُ ‫ل‬َ ‫سو‬ُ ‫ر‬َ ‫و‬َ ‫ه‬َ ‫ل‬ّ ‫ال‬ ‫ع‬ِ ‫ط‬ِ ‫ي‬ُ ‫من‬َ ‫و‬َ ‫ه‬ِ ‫ل‬ّ ‫ال‬ ‫د‬ُ ‫دو‬ُ ‫ح‬ُ ‫ك‬َ ‫ل‬ْ ‫ت‬ِ‫من‬ِ ‫ري‬ِ ‫ج‬ْ ‫ت‬َ ‫ت‬ٍ ‫نا‬ّ ‫ج‬َ ‫ه‬ُ ‫ل‬ْ ‫خ‬ِ ‫د‬ْ ‫ي‬ُ ‫ه‬ُ ‫ل‬َ ‫سو‬ُ ‫ر‬َ ‫و‬َ ‫ه‬َ ‫ل‬ّ ‫ال‬ ‫ع‬ِ ‫ط‬ِ ‫ي‬ُ ‫من‬َ ‫و‬َ ‫ه‬ِ ‫ل‬ّ ‫ال‬ ‫د‬ُ ‫دو‬ُ ‫ح‬ُ ‫ك‬َ ‫ل‬ْ ‫ت‬ِ
‫م‬ُ ‫ظي‬ِ ‫ع‬َ ‫ل‬ْ ‫ا‬ ‫ز‬ُ ‫و‬ْ ‫ف‬َ ‫ل‬ْ ‫ا‬ ‫ك‬َ ‫ل‬ِ ‫ذ‬َ ‫و‬َ ‫ها‬َ ‫في‬ِ ‫ن‬َ ‫دي‬ِ ‫ل‬ِ ‫خا‬َ ‫ر‬ُ ‫ها‬َ ‫ن‬ْ ‫ل‬َ ‫ا‬ ‫ها‬َ ‫ت‬ِ ‫ح‬ْ ‫ت‬َ‫م‬ُ ‫ظي‬ِ ‫ع‬َ ‫ل‬ْ ‫ا‬ ‫ز‬ُ ‫و‬ْ ‫ف‬َ ‫ل‬ْ ‫ا‬ ‫ك‬َ ‫ل‬ِ ‫ذ‬َ ‫و‬َ ‫ها‬َ ‫في‬ِ ‫ن‬َ ‫دي‬ِ ‫ل‬ِ ‫خا‬َ ‫ر‬ُ ‫ها‬َ ‫ن‬ْ ‫ل‬َ ‫ا‬ ‫ها‬َ ‫ت‬ِ ‫ح‬ْ ‫ت‬َ
• These are the bounds set by Allah. Allah willThese are the bounds set by Allah. Allah will
make the man who obeys Allah and Hismake the man who obeys Allah and His
Messenger enter the Gardens beneath whichMessenger enter the Gardens beneath which
rivers flow. He will abide there for ever. That isrivers flow. He will abide there for ever. That is
the mighty triumph.the mighty triumph.
3636

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