Kate Johnson
- Partner
- Private Client
Heirs in Islamic law
It is important to understand the classification of heirs under Islamic inheritance law for the purposes of understanding distribution of inheritance on the death of an individual whose estate is subject to Islamic succession law.
Heirs in Islamic law are divided into three principal classes which are described below.
Qur’anic heirs (Ashabul-Furud)
Qur’anic heirs are also called “sharers” and this is the first class of “shareholders” in relation to inherited assets. These heirs possess the rights of inheritance either through marriage or through consanguinity/blood relationship (nasab).
The Quranic heirs are as follows.
- Husband (or widower)
- Wife (or widow)
- Father
- Father’s father (paternal grandfather)
- Mother
- Mother’s mother, father’s mother (maternal and paternal grandmother)
- Daughter
- Son’s daughter (paternal granddaughter)
- Full sister
- Agnate sister (a half-sister with the same father as the deceased)
- Uterine brother (a half-brother with same mother as the deceased)
- Uterine sister (a half-sister with same mother as the deceased)
The actual share that a Qur’anic heir inherits is dependent on the presence of other heirs.
There are five Qur’anic heirs who will always inherit as long as there is no impediment preventing them from inheriting their share. These are: husband, wife, father, mother and daughter. They inherit because they are the closest to the deceased.
The son who inherits as a “residuary” heir (see below), is the only other heir who is never excluded.
There are some shareholders who can be partially excluded which means they have their share reduced due to the presence of other shareholders.
Agnatic heirs (Asabat)
The agnatic heirs are second class of shareholders and are defined by reason of blood relationship. These heirs will inherit any residue of the estate after distribution to the Qur’anic heirs and are also known as “residuaries”. There are three sub-groups of residuaries as follows.
1. Agnates by themselves (asabah bi nafsi)
This group consists of male agnates or male residuaries: the male relations in their own right or residuaries in their own right. These heirs inherit the whole estate when they are the only heirs but in the presence of other heirs, they become the residuaries
These include in relation to a deceased:
- son;
- father;
- brother; and
- uncle.
2. Agnates through or because of others (asabah bi ghayri)
These are people who are the Quranic heirs, but are converted into residuaries when they co-exist with one or more male residuaries of the same relationship to the deceased. For example, a daughter co-existing with a son is converted into a residuary by the existence of the son.
Other examples in relation to a deceased include:
- deceased’s son’s daughter with deceased son’s son;
- deceased’s full sister with deceased’s full brother; and
- deceased’s consanguine sister with deceased’s consanguine brother.
Consanguine sister is half-sister by father as opposed to uterine sister which is half-sister by mother.
3. Agnates together with others (asabah ma’a ghayri)
- These residuaries are full or consanguine sister(s) that inherit along with a daughter or son’s daughter. Therefore, they inherit as ‘sharers’ if there is no daughter or son’s daughter inheriting along with them and inherit as residuaries with a daughter or son’s daughter. Hence the daughter or the son’s daughter will take her share and the full or consanguine sister or sisters will take the remainder, thereby becoming residuaries along with the daughter.
Uterine or womb related heirs (Dhawul-Arham)
The uterine heirs are the third principal class of heirs. These heirs are any relative who is neither a Quranic sharer nor an agnatic shareholder. All descendants of the deceased through female relatives are “uterine heirs” except those who are descended through the deceased’s mother. For example, the deceased’s daughter’s daughter, or the deceased’s daughter’s son, are both uterine heirs.
How we can help
English law upholds the principle of testamentary freedom, allowing individuals to structure their Wills in accordance with their personal beliefs and values. This makes it possible to prepare a Shari’ah-compliant English Will for those with assets in England or Wales.
Wedlake Bell can assist with the preparation of such Wills, including coordinating with trusted legal professionals in relevant jurisdictions to obtain appropriate advice on the Shari’ah law aspects. This ensures that the Will reflects the testator’s religious and personal intentions while remaining formally valid and effective under English law as well as compliant with Shari’ah law. It is also essential to consider the potential inheritance tax implications of an estate distributed according to Shari’ah-prescribed shares, as well as the possibility of claims under the Inheritance (Provision for Family and Dependants) Act 1975 by heirs (or potential heirs) who may feel the Will does not make reasonable financial provision for them.
Please contact us for further information.
This article is for general information purposes only and does not constitute legal advice or a comprehensive statement of the law. Specific legal advice should always be sought in relation to individual circumstances.
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