Laws and Rules of inheritance in Islam

بِسْمِ اللهِ الرَّحْمَنِ الرَّحِيم

We start with the name of Allâh. We praise Allâh and thank Him for the blessings of Islam. We humbly ask Allâh to raise the rank of our Prophet MuHammad, and his kind Al and Companions and to protect his nation from that which he fears for it. We ask Allâh to grant us the proper intention, the Comprehension, and the reward in the Hereafter.

Laws and rules of inheritance sharing in Islam. Rights and rules of inheritance in Islam

It is invalid to divide the inheritance of a deceased person or to sell the inheritance until the debts and the zakât which was obligatory on him have been fulfilled. Something may be sold to pay off a debt or fulfill the will. The expenses of performing Hajj and `Umrah on behalf of the deceased must be taken out if the Hajj and `Umrah were obligatory on him and he did not perform them. The inheritance is like a collateral held for that purpose.

His bequests must also be executed, that is to say what he recommended to give after his death

Heirs are not allowed to dispose of the inheritance until they have set aside all of it except for selling part of it to accomplish one of these things.

Important note:

Bequests are valid only for one-third of the inheritance and what is in addition requires the agreement of the heirs, this in accordance with Hadîth.

The apostate does not inherit the Muslim according to the unanimity of the Sunni scholars. See: Protect his Faith: Avoid Apostasy, Blasphemy, Disbelief

The fifteen people who inherit among men:

Among the heirs, fifteen persons inherit who are: the son, the son of the son, the father, the father of the father, the brother of the same father and of the same mother, the brother of the same father, the brother of the same mother, the son brother of the same father and mother, the son of the brother of the same father, the paternal uncle of the same father and of the same mother or of the same father, the son of the paternal uncle of the same father and of the same mother, son of the paternal uncle of the same father, the husband and the person who has freed.

The ten people who inherit among women:

The daughter, the son's daughter, the mother, the mother of the mother, the mother of the father, the sister of the same father and of the same mother, the sister of the same father, the sister of the same mother, the wife and the woman who has freed.

Note: homicide deprives the person of the inheritance, that is to say the fact of having killed the one from whom one inherits.

Allâh ta`âlâ dit:

﴿ يُوصِيكُمُ اللَّـهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ‌ مِثْلُ حَظِّ الْأُنثَيَيْنِ ۚ ﴾

which means: « God recommends you concerning your children, the son inherits as two daughters » [surat An-Niçâ' / 11].

Those who inherit half of the inheritance

Half is the obligatory part for five unique people, that is to say that there is no one with them who inherits: the husband, the daughter, the daughter of the son if there is not the daughter, the sister of the same father and mother, and the sister of the same father.

Allâh ta`âlâ said:

﴿ وَلَكُمْ نِصْفُ مَا تَرَ‌كَ أَزْوَاجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ ۚ ﴾

which means: « You have half of what your wives left, if they do not have children », [surat An-Niçâ' / 12].

Those who inherit a quarter of the inheritance

The quarter is the obligatory part of two categories of heirs: the husband if there is with him a child of the wife, and it is the part of the wife or the wives, if there is not a child of the husband, nor son of his child, whether it be of her or other than her. All this is by unanimity. Allah ta`âlâ said:

﴿ فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّ‌بُعُ مِمَّا تَرَ‌كْنَ ۚ ﴾

which means: « if they have children, you have a quarter of what they left », [surat An-Niçâ' / 12], et Allâh ta`âlâ dit:

﴿ وَلَهُنَّ الرُّ‌بُعُ مِمَّا تَرَ‌كْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ ۚ ﴾

which means: « and they have a quarter of what you left if you do not have a child », [surat An-Niçâ' / 12].

Those who inherit the eighth inheritance

The eighth is the obligatory part of a single category of heirs: it is the obligatory part of the wife or the wives with the existence of a child or a child of the son, whether male or female this is unanimously. Allâh ta`âlâ said:

﴿ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَ‌كْتُم ۚ ﴾

which means: « If you have a child then they have the eighth », [surat An-Niçâ' / 12].

Those who inherit two-thirds of the inheritance

This is the compulsory part of four categories of heirs: a set of daughters, that is to say two or more daughters, and the sons' daughters, two or more. And it is also the part of two sisters or more, of the same father and mother or the same father. This is according to unanimity. Allâh ta`âlâ said:

﴿ فَإِن كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَ‌كَ ۖ ﴾

which means: « If they are more than two women, they have two-thirds of what he left » [surat An-Niçâ' / 11] , we understand from that two or more .

Those who inherit the third of the inheritance

It is the obligatory part of two categories of heirs: the mother, if there is no child of the dead person, whether male or female, or child of the son of the dead, that is, the daughter or boy of the son, and that there are not two or more siblings of the deceased, that is, two brothers or two sisters or one brother and one sister or more. Allâh ta`âlâ said:

﴿ فَإِن لَّمْ يَكُن لَّهُ وَلَدٌ وَوَرِ‌ثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ ۚ ﴾

which means: « If he does not have a child, and both of his parents inherit it, then his mother has the third » [ surat An-Niçâ' / 11 ]. Allâh ta`âlâ also said:

﴿ فَإِن كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ ۚ ﴾

which means: « If he has brothers, then his mother has the sixth » [surat An-Niçâ' / 11 ], and what is referred to by brothers in the Ayah are two or more, male or female, that is, two brothers, or two sisters, or one brother and one sister or more.

The second category that inherits from the third is a set of children of the mother, two or more male or female or mixed. And the third will be divided by their number in a fair way for women and men, unanimously.

Those who inherit the sixth of the inheritance

The sixth is the compulsory part for seven categories which are: the father, the grandfather, the mother, the grandmother, the son's daughter, the sister of the same father and the child of the mother whether male or female.

The father and the mother are entitled to the sixth, if there is a child (of the deceased) with them and this according to the Qur'ân, Allâh ta`âlâ said:

﴿ وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَ‌كَ إِن كَانَ لَهُ وَلَدٌ ۚ ﴾

which means: « and for both of his parents, to each one the sixth of what he left, if he has a child »[surat An-Niçâ' / 11]. And so, with the existence of the child of the son.

The mother also has the sixth, if there are with her two brothers or sisters of the deceased or more.

The grandfather too, when there is no father, is similar to the father in the fact that he takes the sixth with the existence of the son's child or child, according to unanimity.

The fourth who takes the sixth: the son's daughter or more, if there is with her only one daughter in this case the son's daughter or the son's daughters take the sixth to complete two-thirds, this is according to the unanimously. If there is a daughter of the son with two or more daughters, she does not inherit unless there is a son of the son with her.

The fifth who inherits the sixth: it is the sister of the same father or the sisters of the same father with the existence of the only sister of both parents, if there are two or more sisters of both parents, the sister or the sisters of the same father do not inherit unless there is with her or with them a brother of the same father.

The sixth who inherits the sixth: The grandmother, whether there is a son of the deceased or not or brothers or not and that the grandmother is on the side of the father or the mother. Thus the mother of the mother and the mother of the father and their mothers, each of them inherits the sixth if she is unique and they share the sixth if they are gathered.

The seventh who inherits the sixth: the child of the mother, whether male or female provided that it is unique. Allâh ta`âlâ said:

﴿ وَإِن كَانَ رَ‌جُلٌ يُورَ‌ثُ كَلَالَةً أَوِ امْرَ‌أَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ ۚ ﴾

which means: « And he who leaves an inheritance without having a son or father, and he has a brother or sister [of the same mother] to one of them the sixth » [surat An-Niçâ' / 12].

Sharing the inheritance between the grandfather and the brothers of the deceased

There are four cases to this: in one case the grandfather shares with the brothers, in one case he takes one third of the inheritance, in another he takes the third of the rest and in one case he takes the sixth of the inheritance. See details in our free inheritance calculator app for Android and IPhone:

Islamic Inheritance Calculator App:

Qibla Salat for Android | Qibla Salat for IPhone

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