Questions about inheritance in Islam

Why does a son receive twice a daughter’s share?

It is the rule of verse 11 of Surah An-Nisa: to the male, the share of two females. The same rule applies to a full or paternal brother and sister (verse 176).

Scholars link this difference to the financial obligations Islam places on men and not on women: the dowry, the upkeep of his wife and children, and often of his parents. A woman keeps what she inherits for herself, even if she is wealthy, and her upkeep remains the duty of her husband or her relatives.

The daughterThe son

Does a woman always inherit less than a man?

No. The double-share rule only concerns son and daughter, brother and sister of the same kind. In other cases a woman receives as much as a man: with a son of the deceased, the father and the mother each receive 1/6; maternal half-siblings share equally.

Sometimes she receives more: an only daughter receives half of the estate, while the deceased’s brother or father may receive less; and in many cases a woman inherits where a man of the same degree gets nothing (a full sister with a daughter excludes the paternal half-brother).

Wife, only daughter and brotherDaughter and sister

What is the widow’s share?

One quarter of the estate if her husband left no child (and no son’s child), one eighth if he left one. Several wives share that quarter or that eighth (Surah An-Nisa, verse 12).

Any dowry still owed is a debt paid before the division: it comes on top of her share.

The wife

Who inherits from a woman with no children?

Her husband receives one half. The rest goes to her parents (the mother 1/3, or 1/6 with two brothers and sisters; the father the remainder), failing them to her brothers and sisters, then to nephews and uncles. Calculate your exact situation with the guided steps.

Woman without children: husband, mother and brothersWoman without children: husband and sister

What must be paid before dividing the estate?

In this order: reasonable funeral costs, debts (including any dowry still owed), then bequests within one third. The heirs divide what remains (Surah An-Nisa, verses 11 and 12: “after any bequest or debt”).

The schools differ on debts owed to Allah (unpaid zakat, obligatory pilgrimage): paid from the estate according to the Shafi‘is and Hanbalis, only if the deceased asked for it (and within one third) according to the Hanafis and Malikis.

The rules

Can one make a will (wasiyya) in Islam?

Yes, and it is recommended: “A Muslim who has something to bequeath should not spend two nights without having his will written down with him” (al-Bukhari, no. 2738).

A bequest is limited to one third of the estate: the Prophet ﷺ told Sa‘d ibn Abi Waqqas: “one third, and one third is a lot; leaving your heirs rich is better than leaving them in need” (al-Bukhari, no. 2742). It cannot benefit an heir: “no bequest for an heir” (Abu Dawud, no. 2870).

A will is also used to acknowledge debts, leave instructions and make a bequest to relatives who do not inherit (grandchildren, a fostered child, charities).

The will

Can one bequeath more than one third, or bequeath to an heir?

According to the four schools, such a bequest is only valid if the heirs accept it after the death; each can only accept for his own share, and only if he is an adult of sound mind.

Can one give away one’s property during one’s lifetime?

Yes: a person in good health may give away his property. Towards his children he must be fair: the Prophet ﷺ refused to witness a father’s gift to only one of his children and told him: “fear Allah and be fair between your children” (al-Bukhari, no. 2587; Muslim, no. 1623).

A gift made during one’s final illness is treated as a bequest according to the majority of scholars: limited to one third and of no benefit to an heir, unless the others agree.

Can one divide one’s estate before death?

Inheritance only exists at death: before it, there are no heirs. What is called “dividing during one’s lifetime” is a gift, subject to the rules on gifts (see above). Shares received this way do not replace the division of what remains at death.

Can the heirs divide the estate differently, equally for example?

After the death, each adult heir of sound mind can give away all or part of his share, or agree with the others on another division: this is a gift of his share (or an arrangement called takharuj). A minor’s share cannot be waived.

When should the estate be divided?

The estate belongs to the heirs from the moment of death, once costs, debts and bequests are settled. There is no required waiting period; delaying the division without reason can wrong heirs, especially orphans. One must, however, wait for an expected birth, or for news of a missing person, for the share that depends on it.

Does an adopted child inherit?

No. Islam forbids attributing to a child a lineage that is not his own (Surah Al-Ahzab, verses 4 and 5): a fostered child (kafala) is not an heir. He can be given gifts during one’s lifetime or a bequest within one third.

Does a child born outside marriage inherit?

According to the four schools, he inherits from his mother and her family, who inherit from him, but not from the man who fathered him outside marriage. The same applies to a child disowned by li‘an.

Can a non-Muslim inherit from a Muslim?

“A Muslim does not inherit from a non-Muslim, nor a non-Muslim from a Muslim” (Muslim, no. 1614; al-Bukhari, no. 6764). This is the view of the four schools, whether a spouse, a child or a parent is concerned.

A Muslim may, however, make a bequest (within one third) or gifts to a non-Muslim relative.

Does someone who killed the deceased inherit?

No: “the killer does not inherit” (at-Tirmidhi, no. 2109). The schools differ on which killings count (intentional only for the Malikis; any killing for the Shafi‘is; direct killing for the Hanafis; killing that entails a penalty for the Hanbalis).

Do grandchildren whose father has died inherit from their grandfather?

According to the schools, a son’s children inherit if the deceased has no son; if a son is alive, they are excluded. A daughter’s children are relatives through women.

The grandfather can leave them a bequest within one third, and it is recommended. Several laws (Egypt, Morocco, Algeria, Tunisia, Kuwait…) grant them an “obligatory bequest” (wasiyya wajiba) when the grandparent did not do so.

The son’s son

Does a divorced wife inherit?

If the husband dies during the waiting period (‘idda) of a revocable divorce, she inherits as a wife according to the four schools. After an irrevocable divorce, she does not inherit.

If the husband divorced her during his final illness to deprive her of her inheritance, she still inherits according to the Hanafis (during her ‘idda), the Malikis (even after it) and the Hanbalis (as long as she has not remarried); according to al-Shafi’i’s later view, she does not.

How do several wives share?

Two, three or four wives share equally the same share as a single one: one quarter with no child, one eighth with a child.

Two wives, 3 sons and 2 daughters

What happens if the widow is pregnant?

The child inherits if born alive. One can wait for the birth; if the estate is divided before, the share most favourable to the child is set aside and each heir receives the minimum of his share (the calculator does this under “special situations”).

Pregnant widow: unborn child

I live in Europe or North America: how can I follow the Islamic shares?

There, inheritance follows civil law, which often protects children through a reserved portion or court discretion and does not know the Quranic shares. Adult heirs can, however, agree on a division that follows the fara’id. A will can only dispose of what the law allows.

Property located in a Muslim country may be governed by that country’s law. Seek advice from a notary or lawyer.

National laws

Is the division the same in Morocco, Algeria and Tunisia?

All three codes mainly follow the Maliki school, with differences: radd to the spouse in Morocco and Tunisia, daughters’ rights over the deceased’s brothers in Tunisia, an obligatory bequest for grandchildren in all three countries.

National laws

Is the calculation the same for Shia Muslims?

No. Ja‘fari law ranks heirs differently (by classes of kinship) and does not know ‘asaba in the Sunni sense. This calculator applies the four Sunni schools.

Is the calculator reliable?

It calculates with exact fractions and has been checked against more than 130 published reference cases and the famous cases in each school. It refuses situations it cannot handle safely (relatives through women who inherit, intersex heirs, successive estates…).

It is an aid: have the division confirmed by a scholar or a notary, especially when there is substantial property, debts or a will.