Islamic inheritance: an introduction
How an estate is divided under the Qur'an, worked examples, and what Muslims in the UK need to do to make it happen.
12 minute read · SunnahPanda
Inheritance (mirath, also called 'ilm al-fara'id) is one of the few areas where the Qur'an sets out the details itself, giving exact fractions to named relatives. The Prophet ﷺ urged Muslims to learn it, and scholars have long called it half of knowledge, because everyone eventually needs it.
Allah instructs you concerning your children: for the male, the like of the share of two females.
Read this first
This is an introduction to how the system works, not a calculation for any real estate. Real cases quickly get complicated, especially with siblings, grandchildren or several wives. Have a qualified scholar do the calculation, and a solicitor turn it into a valid will.
Before anything is shared out
- 1
Funeral costs
Reasonable costs of washing, shrouding and burial come out of the estate first.
- 2
Debts
All debts are paid in full, including unpaid mahr owed to a wife and outstanding zakah.
- 3
The bequest (wasiyyah)
Up to one third of what remains may be left to people or causes of your choosing, but not to someone who already inherits a fixed share. "There is no bequest for an heir" (Sunan Abi Dawud 2870, Jami' at-Tirmidhi 2120).
- 4
The heirs
What is left is divided among the heirs according to the shares below.
Who cannot inherit
- Someone who unlawfully killed the deceased.
- Across religions: "A Muslim does not inherit from a disbeliever, nor a disbeliever from a Muslim" (Sahih al-Bukhari 6764). Non-Muslim relatives can still be left a gift through the one-third bequest, which matters for many converts.
The fixed shares
The Qur'an names six fractions: one half, one quarter, one eighth, two thirds, one third and one sixth (an-Nisa' 4:11, 4:12 and 4:176). The most common heirs receive these:
| Heir | Share | When |
|---|---|---|
| Husband | 1/2 | If his wife left no children |
| 1/4 | If she left children | |
| Wife (wives share it) | 1/4 | If her husband left no children |
| 1/8 | If he left children | |
| One daughter, no sons | 1/2 | |
| Two or more daughters, no sons | 2/3, shared | |
| Sons and daughters together | The remainder | Each son takes twice a daughter's portion |
| Mother | 1/6 | If there are children, or two or more siblings |
| 1/3 | Otherwise | |
| Father | 1/6 | If there are children; with daughters only he also takes what is left over |
| The remainder | If there are no children |
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Heirs with a fixed share (ashab al-furud) are paid first. Whatever is left goes to the residuary heirs ('asabah), usually the closest male relatives such as sons, or the father if there are no children. Some close relatives also exclude more distant ones: a son, for example, excludes the deceased's brothers and sisters entirely.
Why a son receives twice a daughter's share
In Islamic law a man is financially responsible for his wife, children and often his parents, and pays the mahr when he marries. A woman's wealth, including what she inherits, is entirely her own, and she has no obligation to spend it on anyone. Scholars point to this as the wisdom behind the difference.
Worked examples
| Heir | Share | Of the estate |
|---|---|---|
| Wife | 1/8, as there are children | 3/24 (12.5%) |
| Son | Remainder, 2 parts | 14/24 (58.3%) |
| Daughter | Remainder, 1 part | 7/24 (29.2%) |
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| Heir | Share | Of the estate |
|---|---|---|
| Husband | 1/2 | 1/2 (50%) |
| Mother | 1/3 of what is left after the husband | 1/6 (16.7%) |
| Father | The remainder | 1/3 (33.3%) |
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Example 2 is one of the two famous 'Umariyyatan cases. Taken literally, the mother's one third would give her more than the father. The Companions, led by 'Umar, ruled that she takes one third of what is left after the spouse's share, and the four schools follow this.
| Heir | Fixed share | After 'awl |
|---|---|---|
| Wife | 1/8 = 3/24 | 3/27 |
| Two daughters | 2/3 = 16/24 | 16/27 |
| Mother | 1/6 = 4/24 | 4/27 |
| Father | 1/6 = 4/24 | 4/27 |
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Here the fixed shares add up to 27/24, more than the whole estate. The solution, called 'awl, is to enlarge the denominator so every heir's share shrinks in proportion. 'Ali is reported to have ruled on this case from the minbar, so it is known as al-Minbariyyah, and the wife's eighth became a ninth.
Making it happen in the UK
In England and Wales, if you die without a valid will, the law of intestacy decides who inherits, and its shares look nothing like the Islamic ones. Typically a surviving spouse takes a large fixed sum and half the rest, and parents may receive nothing. Scotland and Northern Ireland have their own rules, and in Scotland a spouse and children have fixed legal rights to part of the estate that a will cannot override.
- Write a will. An "Islamic will" is simply a valid English or Scottish will whose terms follow the shares above.
- Use a solicitor who has drafted Islamic wills before, and have the shares calculated by someone qualified in fara'id.
- Name your one-third bequest, if you want one: charity, a masjid, or relatives who don't inherit, including non-Muslim family.
- Review the will after marriage, divorce, or the birth or death of an heir, since the shares change.
Good to know
Writing a will is a sunnah that people put off. "It is not right for a Muslim who has something to bequeath to spend two nights without having his will written down" (Sahih al-Bukhari 2738).
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