Laws of Inheritance

Introduction
Pre Islamic period eldest son
would acquire the entire wealth
Through Inheritance wealth
remain in circulation and does
not get concentrated in few
hands

Laws of Inheritance

The base or principle of

distribution through
inheritance is not need of
individuals but close
relations

Laws of Inheritance

Before distribution of Inheritance:

a) Payment of debt: Loan, Mehr,

Zakat, Missed days of Fasting.
b) Hiba: Freedom to give any
amount to anyone
Possession given during life
time cannot be taken back.

Laws of Inheritance

c) Will: Can be oral or written

1.
Distribution only after death.
2.
Maximum 1/3 of wealth can
be distributed.
3.
Cannot be given to inheritors

Distribution through inheritance

Guiding principles:

a) Both male and female have a share.

b) Share of male is double that of
female.
c) Shares determined by Quran 1/8,
1/4, 1/2, 1/6, 1/3, 2/3.
d) Sometimes the presence of an
inheritor has an effect on the share of
other inheritors. This is called Hijab

Distribution through inheritance

e) Wealth whether little or large,

must be distributed
Permanent inheritors:
1.Son, Daughter 2. Father, Mother
3. Husband, Wife

Distribution through inheritance

Conditions

a) All inheritors must be alive at

the time of death of relative
whose wealth is being distributed
b) Adopted child has no share in
inheritance
c) If the wife is expecting, unborn
child will also have a share

Distribution through inheritance

Conditions

Kafir cannot inherit from a

Muslim deceased nor vice versa
If the beneficiary of inheritance
is involved in murder of
deceased, he is deprived from
inheritance.

After Distribution to
inheritors 3 conditions may
exist:

1) All the wealth is distributed.

Nothing is left.
2) Some property remains behind,
then who will get it?
If no son is present, then the
nearest male relative will get a
share.

After Distribution to
inheritors 3 conditions may
exist:

3) If the number of shares exceed

the available, then the shares of
all inheritors will be
proportionately reduced.

Jazak-Allah khair

Inheritance of children
Nisa:11

Allah enjoys you

concerning your children
that the share of male
equal to 2 female, in case
of the heir be more than
2 female their total share
is 2/3 of the inheritance
If the deceased leaves
behind:
a) Two or more females, and
no son, they will share
equally from 2/3 of wealth

Others
1/3

Two or more
Female 2/3

Inheritance of children
Nisa:11

And if there be
one female her
share shall be
half

If the deceased
leaves behind:
b) One female,
she will have 1/2

Others

One
Female 1/2

Inheritance of children

If the deceased
leaves behind:
c) One son, he is
entitled to whole of
inheritance in
absence of other
heirs. If other heirs
are present then after
allotment of their
shares

Others
1/3
Others 1/2
One
Female 1/2
Two or more
Female 2/3

Inheritance of Parents

& for the parents a sixth

of the inheritance if the
deceased has left
children

If deceased has
children, the parents
get 1/6 each, balance
is divided between
children and heirs

Others
2/3

Father
1/6
Mother
1/6

Inheritance of Parents

But if he has no
children and the
parents are heir the
the mother has 1/3
If the deceased has no
child or other heirs,
mothers share is 1/3
and fathers/others
share is 2/3

Mother 1/3

Father/others
2/3

Inheritance of Parents

If the deceased has

brothers & sisters the
mother shall have 1/6
However if the
deceased has
brother/sister either
from fathers or
mothers side, the
mothers share
reduces to 1/6.

Mother
1/6

Others
5/6

Inheritance of Husband and

Wife

You will get of what yr

wives leave behind if
they have no child
For Husband
If wife dies and has no
child (from any
husband), he gets 1/2.

Others
1/2
Husband
1/2

Inheritance of Husband and

Wife

But if they have a

child, then you shall
have of what they
leave behind..
For Husband
If she has a child, he
(husband) gets 1/4

Others 3/4

Husband
1/4

Inheritance of Husband and

Wife

& for them the share is

of what you leave behind if
you have no child
For Wife
If the husband dies and
has no child, wife gets 1/4
(equally divided among all
if more than one)

Others
3/4

Wife
1/4

Inheritance of Husband and

Wife

But if you have a

child then they shall
get 1/8 of what you
leave behind
For Wife
If he (husband) has
a child, wife gets
1/8

Others
7/8

Wife
1/8

Inheritance of Brother and Sister (common

mother different father)

Only in case of Kalala:

The deceased (male or
female) having no
child or parents
A Brother and/or a
sister each will get 1/6

Others
2/3

Brother 1/6

Sister
1/6

Inheritance of Brother and Sister

(common mother different
father)

Only in case of Kalala:

The deceased (male
or female) having no
child or parents
If more than one they
all will share equally
from 1/3

OTHER 2/3

Share 1/3

Inheritance of Brother and Sister

(Same Father)
Nissan Ayat 176

Only in case
Kalala: The
deceased (male or
female) having no
child or parents
A sister will get
1/2

Other
1/2

Sister
1/2

Inheritance of Brother and Sister

(Same Father)

Only in case
Kalala: The
deceased (male or
female) having no
child or parents
Brother will get
the entire wealth

Brother gets
total left
after heirs

Inheritance of Brother and Sister

(Same Father)

Only in case Kalala:

The deceased (male
or female) having
no child or parents
More than two sister
they will share from
2/3 equally

Other
1/3

Sisters
2/3

Examples

Husband dies

Total wealth

Rs1000

Wife 1/8 Rs 125

Left over Rs 875
1 Son
Rs 583.4
1 Daughter Rs
291.6

Wife dies
Total wealth Rs 1000
Husband Rs 250
Left over
Rs 750
1 Son
Rs 500
1 Daughter
Rs 250

Examples

Son dies
Total wealth Rs1000
Wife 1/8 Rs 125
Father 1/6 Rs 166.6
Mother 1/6 Rs 166.6
Left over Rs541.8
1 Son
Rs 361.2
1 Daughter Rs 180.6

Examples

Man dies leaving behind a wife and

five daughters
Total wealth Rs1000
Wife 1/8
Rs 125
Daughters 2/3 Rs 666 (Equally
between 5 daughters)
Left over Rs 209
Brother of deceased Rs 209

Examples

Kalala (Common
Mother) Man dies
Total wealth Rs 1000
Wife 1/4
Rs 250
Brother 1/6 Rs 166.6
Sister 1/6 Rs 166.6
Left Over
Rs 416.6
To closest male (Uncle)

Kalala (Common
Father) Man dies
Total wealth Rs
1000
Wife 1/4
Rs 250
Left Over
Rs 750
Brother
Rs 500
Sister
Rs 250

Examples

Man dies leaving behind:

2 daughters who get 2/3
Father who gets 1/6
Mother who gets 1/6
Hence entire wealth is distributed:
2/3+1/6+1/6=1
Wife share of 1/8 is given after
proportionately reducing all the above
shares