Inheritance Rights and Shares in Islamic Law: Each Heir’s Share in the Estate
Inheritance Rights and Shares in Islamic Law follow a specific and precise system based on kinship and lineage. Understanding the different prescribed shares is essential to ensure a fair and legal distribution of the estate. This guide explains in detail how to calculate the shares for each heir.
1. Shares of Son vs Daughter in Islamic Inheritance
In Islamic inheritance, a male receives the equivalent of the share of two females. This means a son inherits twice as much as a daughter when there are children of both genders. This does not reflect discrimination but reflects different responsibilities according to Islamic law.
Son
- Inherits as an 'Asib (i.e., takes the remainder)
- Responsible for family expenses
- Receives double the share of a daughter
- Inherits even if not the eldest
Daughter
- Inherits a quarter or half as a fixed share
- Not responsible for family expenses
- Her share is half that of a son
- Inherits even if not the only child
2. How Spouses Inherit: Husband vs Wife
The shares of husband and wife vary depending on the presence of children. The husband inherits half if there are no children, and a quarter if children exist. The wife inherits a quarter if there are no children, and an eighth if children exist.
Without children
Husband's Share
Half (1/2)
Wife's Share
Quarter (1/4)
With children
Husband's Share
Quarter (1/4)
Wife's Share
Eighth (1/8)
3. Understanding Obligatory Shares (Fixed Portions)
Obligatory shares are the fixed portions prescribed by Islamic law for heirs. There are six main shares:
Only daughter, full sister, husband
Husband if children exist, wife if no children
Wife if children exist
Multiple daughters, multiple full sisters
Mother if no children or siblings, maternal siblings
Father, mother, maternal brother
4. The Role of Wills in Inheritance
A will is a legal act allowing the deceased to allocate part of their assets to specific entities. A will is limited to a maximum of one-third of the estate and cannot infringe on the rights of legal heirs.
Conditions for a Valid Will
- Must be made by a person of sound mind and free will
- Must not exceed one-third of the estate
- Can be for an heir or non-heir
- Should be documented or witnessed
Will Rules
- Executed after paying debts and funeral expenses
- Can be contested if it favors certain heirs
- Cannot be changed after death except by the testator’s consent
- A will within the one-third limit does not require heirs' approval
5. What Happens if an Heir is Excluded or Renounces Their Share?
Exclusion refers to depriving an heir of all or part of their inheritance. An heir can also voluntarily renounce their share. There are specific cases for exclusion and renunciation:
Inheritance Barriers
- Disbelief: If the deceased belongs to a different religion
- Murder: Deliberately killing the deceased disqualifies inheritance
- Slavery: A slave does not inherit
Exclusion
- Total exclusion: Preventing the heir from all inheritance
- Partial exclusion: Reducing the heir's share
- Occurs when a closer heir exists
Voluntary Renunciation
- An heir may voluntarily renounce their share
- Renunciation must be voluntary, not forced
- The renounced share is distributed among the remaining heirs
Special Cases
- Siblings are excluded if children exist
- Father excludes grandparents
- Mother excludes full sister
Frequently Asked Questions about Inheritance Rights and Shares
Can inheritance shares be modified by agreement among heirs?
Yes, heirs can agree to adjust the shares among themselves after the estate has been fully settled, but the agreement must be voluntary and not under pressure.
Does a divorced woman have a right to her ex-husband’s inheritance?
No, a divorced woman does not inherit from her ex-husband after divorce unless his death occurs during her ‘iddah period.
How is inheritance calculated for adopted children?
An adopted child does not inherit from their adoptive parents under Islamic law unless appointed as a guardian and designated as an heir.
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