The Islamic system of inheritance, known as ‘Ilm al-Mīrāth or ‘Ilm al-Farā’iḍ, is a foundational element of Islamic jurisprudence (Shari’ah). Far from being a mere set of financial regulations, it is considered a divinely ordained system designed to ensure socio-economic justice, protect the vulnerable, and maintain the cohesion of the family unit. Its principles are meticulously detailed in the Qur’an, primarily in the chapter of An-Nisa (The Women), making it a non-negotiable aspect of a Muslim’s faith and practice.
The Concept and Significance of Inheritance in Islam
Before delving into the specific calculations, it is crucial to understand the philosophy and purpose underpinning this system.
What is Inheritance (Mīrāth)?
Mīrāth refers to the mandatory, divinely sanctioned process of distributing the property and assets of a deceased Muslim among their living relatives according to a fixed, predetermined formula. The assets to be distributed, known as the tarikah, include all forms of property—cash, real estate, investments, and personal belongings—left after settling four key obligations:
- Funeral and burial expenses.
- Payment of all outstanding debts of the deceased.
- Execution of the will or bequest (waṣiyyah), which can be made for up to one-third (1/3) of the remaining estate and cannot be made to a legally prescribed heir.
- Distribution of the remaining estate to the legal heirs according to the Qur’anic injunctions.
Evaluating the Significance of Inheritance
The importance of the Islamic inheritance system is multifaceted, reflecting a deep wisdom that addresses spiritual, social, and economic dimensions.
- Divine Command and Spiritual Compliance: The laws of inheritance are not man-made suggestions but direct commands from Allah. The Qur’an follows the detailed verses on inheritance with a stern warning and a profound promise, linking adherence to these laws with ultimate salvation. It states: “These are the limits [set by] Allah… And whoever obeys Allah and His Messenger will be admitted by Him to gardens [in Paradise]… And whoever disobeys Allah and His Messenger and transgresses His limits will be admitted by Him to a Fire to abide therein, and he will have a humiliating punishment” (Qur’an 4:13-14). Therefore, its implementation is a profound act of faith.
- Socio-Economic Justice and Wealth Distribution: The system is engineered to prevent the concentration of wealth. Unlike systems like primogeniture, where the eldest son inherits everything, Islamic law ensures a wide distribution of assets among multiple family members, including both males and females. This broad-based distribution serves as an economic stimulus and fosters financial stability across the extended family, reducing the likelihood of poverty within the community.
- Strengthening Family Bonds: By assigning specific rights and shares to different relatives (spouses, children, parents, siblings), the law reinforces the structure and responsibilities of the family unit. It acknowledges the financial needs and emotional ties of various family members, ensuring that no one is unjustly left out. This pre-emptive and clear guidance is crucial in preventing the disputes and bitterness that often arise over inheritance in other systems.
- Revolutionary Protection for Women: In the 7th-century Arabian context and for centuries thereafter, women were often treated as property and deprived of any inheritance rights. The Qur’an revolutionized this by explicitly granting women fixed shares as daughters, mothers, wives, and sisters. The verse, “For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, be it little or much—an obligatory share” (Qur’an 4:7), established a woman’s right to inheritance as an undeniable, God-given entitlement.
A Step-by-Step Guide to Heirs and Their Shares
The Qur’an meticulously outlines the primary heirs and their shares in verses 4:11, 4:12, and 4:176. These individuals are the foundation of the inheritance calculation.
Step 1: Identify the Categories of Qur’anic Heirs
Islamic law primarily classifies heirs into two main groups:
- Aṣḥāb al-Furūḍ (The Qur’anic Heirs or “People of the Shares”): These are the heirs for whom the Qur’an has prescribed a specific, fixed fractional share. There are twelve such heirs: Husband, Wife, Father, Mother, Daughter, Son’s Daughter, Paternal Grandfather, Paternal Grandmother, Full Sister, Paternal Sister, Uterine Sister, and Uterine Brother. Their shares are distributed first.
- ʿAṣabah (The Residuaries): These heirs inherit the remainder of the estate after the Aṣḥāb al-Furūḍ have received their fixed shares. If there are no Aṣḥāb al-Furūḍ, the ʿAṣabah inherit the entire estate. This group primarily consists of male relatives in descending order of priority (e.g., son, then grandson, then father, then grandfather, then full brother, etc.). Certain female relatives can also become residuaries when paired with their male counterparts (e.g., a daughter with a son).
Step 2: Determine the Share of Each Heir
The following is a breakdown of the shares for the most common primary heirs, based directly on the Qur’anic verses.
A. Heirs Mentioned in Qur’an 4:11-12
- Children (Qur’an 4:11):
- Son(s): They are primary residuaries (ʿAṣabah). They inherit what is left after the fixed-share heirs are paid.
- Son(s) and Daughter(s) together: They inherit as residuaries, with the fundamental rule that “the male will have the share of two females.”
- One Daughter (with no sons): She receives a fixed share of one-half (1/2) of the estate.
- Two or More Daughters (with no sons): They collectively receive a fixed share of two-thirds (2/3) of the estate, to be divided equally among them.
- Parents (Qur’an 4:11):
- If the deceased has children: Both the Father and the Mother receive a fixed share of one-sixth (1/6) each.
- If the deceased has no children and parents are the only heirs: The Mother receives one-third (1/3), and the Father, as a residuary, receives the remaining two-thirds (2/3).
- If the deceased has no children but has siblings: The Mother’s share is reduced to one-sixth (1/6), and the Father receives the remainder.
- Spouses (Qur’an 4:12):
- Husband:
- If the deceased wife has no children, the husband receives one-half (1/2).
- If the deceased wife has children, the husband receives one-quarter (1/4).
- Wife/Wives:
- If the deceased husband has no children, the wife (or wives collectively) receives one-quarter (1/4).
- If the deceased husband has children, the wife (or wives collectively) receives one-eighth (1/8).
- Husband:
- Uterine Siblings (Siblings from the same mother but a different father) (Qur’an 4:12):
- This rule applies only if the deceased has no descendants (children, grandchildren) and no ascendants (father, paternal grandfather).
- One Uterine Brother or Sister: Receives a fixed share of one-sixth (1/6).
- Two or More Uterine Siblings (male or female): They collectively receive one-third (1/3), to be shared equally among them, regardless of gender.
B. Heirs Mentioned in Qur’an 4:176 (The Rule of Kalālah)
This verse clarifies the inheritance of full or paternal siblings when the deceased leaves no descendants or ascendants (a state known as kalālah).
- One Full or Paternal Sister (with no brother): She receives one-half (1/2).
- Two or More Full or Paternal Sisters (with no brother): They collectively receive two-thirds (2/3).
- Full or Paternal Brother(s) and Sister(s) together: They inherit as residuaries, following the rule “the male will have the share of two females.” The brother takes what is left, or if there are sisters, they share the residue in a 2:1 ratio.
Finally, the Qur’an reminds believers of their moral duty in verse 4:8: “And when [other] relatives and orphans and the needy are present at the division, then provide for them from it and speak to them words of appropriate kindness.” This encourages charity and compassion beyond the legally mandated shares.
Conclusion
The Islamic Law of Inheritance is a testament to the comprehensive nature of the faith, integrating spiritual devotion with a pragmatic and just legal framework. It meticulously balances the rights of individuals with the collective well-being of the family and society. By prescribing fixed shares, protecting the rights of women and children, and ensuring a wide distribution of wealth, Mīrāth stands as a pillar of fairness and social stability. While its calculations can be complex, requiring scholarly expertise for intricate cases, its core principles remain a clear and profound guide for Muslims in fulfilling one of their most important religious and social duties.
References
- Primary Source:
- The Qur’an, Chapter 4 (An-Nisa), Verses 7-8, 11-12, 13-14, and 176.
- Secondary Sources:
- Badawi, Jamal A. The Islamic Law of Inheritance: A New Approach. Islamic Education and Services Institute, 2011.
- Philips, Abu Ameenah Bilal. The Evolution of Fiqh (Islamic Law & The Madh-habs). International Islamic Publishing House (IIPH).
- Al-Fawzan, Salih. A Summary of Islamic Jurisprudence. Al-Maiman Publishing House, 2005. (Provides detailed sections on inheritance according to the Hanbali school).
