Who inherits in Islam?

Heirs with fixed shares

Their share is fixed by the Quran or the Sunnah: one half, one quarter, one eighth, two thirds, one third or one sixth. Six heirs are never excluded: the husband, the wife, the father, the mother, the son and the daughter.

• The husband 1/2 or 1/4 The husband receives half of what his wife leaves if she has no child, and a quarter if she has one. He is never excluded.
• The wife 1/4 or 1/8 The wife receives a quarter of what her husband leaves if he has no child, and an eighth if he has one. Several wives share that quarter or eighth.
• The daughter 1/2, 2/3 or with her brother With no brother, an only daughter receives one half and several daughters share two thirds. With a brother, she inherits the remainder with him: he receives twice her share.
• The son’s daughter 1/2, 2/3 or 1/6 With no child of the deceased, a son’s daughter takes the daughter’s place. With a single daughter, she receives the sixth that completes two thirds. With two daughters she gets nothing, unless a son’s son makes her an heir.
• The father 1/6 or the remainder The father receives one sixth if the deceased left a son; one sixth and then the remainder if he left only daughters; the whole remainder if he left no child.
• The mother 1/3 or 1/6 The mother receives one sixth if the deceased left a child, or at least two brothers and sisters; otherwise one third. With only the spouse and the father, she receives one third of the remainder.
• The paternal grandfather 1/6 or the remainder In the father’s absence, the paternal grandfather takes his place. With the deceased’s brothers and sisters the schools differ: the Hanafis give him everything, the others make him share.
• The grandmother 1/6 A grandmother (maternal or paternal) receives one sixth when the mother is not alive; two grandmothers share it.
• The full sister 1/2, 2/3 or the remainder With no descendant, no father and no full brother, a full sister receives one half and several sisters two thirds. With a daughter of the deceased she takes the remainder; with her brother she inherits with him (2 to 1).
• The paternal half-sister 1/2, 2/3, 1/6 or the remainder With no full brother or sister, a paternal half-sister inherits like a full sister. With a single full sister, she receives the sixth that completes two thirds.
• The maternal half-siblings 1/6 or 1/3 A maternal half-brother or half-sister receives one sixth; several share one third equally, men and women alike. They only inherit when there is no inheriting descendant, no father and no grandfather.

Heirs to the remainder (‘asaba)

These are the men linked to the deceased through men (sons, father, brothers, nephews, uncles, cousins), and the women they bring in with them. They take what is left after the fixed shares; the closest excludes the more distant.

• The son the remainder The son has no fixed share: he takes everything left after the fixed shares (spouse, parents). With daughters, each son receives the share of two daughters.
• The son’s son the remainder A son’s son takes the son’s place when the deceased left no son: he inherits the remainder, with the son’s daughters of the same rank (2 to 1).
• The full brother the remainder A full brother inherits the remainder (‘asaba) when the deceased leaves no male descendant and no father; with his full sisters, he receives twice each one’s share.
• The paternal half-brother the remainder A paternal half-brother inherits the remainder like a full brother, but after him: he is excluded by the full brother and by a full sister who inherits with a daughter.
• Nephews, uncles and cousins the remainder When there is no male descendant, no father, no grandfather and no brother, the remainder goes to the closest male relative through men: nephews, then paternal uncles, then cousins, then their sons.

Relatives who do not inherit in this capacity

A daughter’s children, a sister’s children, the daughters of brothers and of uncles, maternal uncles and aunts, paternal aunts and the maternal grandfather are “relatives through women” (dhawu al-arham): they only inherit when there is no other heir, in the schools that let them inherit.