Shares under Islamic Inheritance

This article outlines the key principles and scenarios affecting the inheritance rights of spouses, children, and parents. Previous articles on this topic include Shari’ah, and an introduction to Islamic inheritance law and Heirs in Islamic law.

Shari’a law

On the death of a person whose estate is subject to Shari’a law, a two-thirds share of the deceased’s estate is subject to Shari’a inheritance rules and is distributed in accordance with a hierarchy among three classes of heirs. The first class is referred to as Qur’anic heirs and the remaining two classes are the residuary heirs.

The allocated shares for these heirs that are mentioned in the Qur’an are: one-half, one-quarter, one-eighth, two-thirds, one-third and one-sixth.

This article discusses how these shares are allocated under the rules pertaining to the Islamic inheritance for those heirs (or “shareholders”) who are never excluded unless there is some impediment preventing them from inheriting. These shareholders include the following five Quranic heirs: husband, wife, daughter, father and mother. The son (as a residuary heir) is also never excluded.

Shares of a husband or wife

The rules for a husband (widower) and a wife (widow) are derived from the following verse 12 of chapter 4 of the Qur’an.

You will inherit half of what your wives leave if they are childless. But if they have children, then ˹your share is˺ one-fourth of the estate—after the fulfilment of bequests and debts. And your wives will inherit one-fourth of what you leave if you are childless. But if you have children, then your wives will receive one-eighth of your estate—after the fulfilment of bequests and debts. And if a man or a woman leaves neither parents nor children but only a brother or a sister ˹from their mother’s side˺, they will each inherit one-sixth, but if they are more than one, they ˹all˺ will share one-third of the estate—after the fulfilment of bequests and debts without harm ˹to the heirs˺. ˹This is˺ a commandment from Allah. And Allah is All-Knowing, Most Forbearing. (Qur’an 4:12).

Share of a surviving husband

In accordance with the above verse, a husband will always inherit a minimum of a one-quarter share of his wife’s estate. The two scenarios that determine what share the husband is to receive, are as follows.

1. If the wife has no living descendants – the husband receives a one-half share.
2. If the wife has any living descendants alive – the husband receives a one-quarter share.

It does not make a difference whether the children are descended from the marriage between the wife and husband or from any previous marriage of the wife.

Share of a surviving wife

The share that a wife receives on the death of her husband is determined in accordance with the following two scenarios.

1. If the husband has no living descendants – the wife receives a one-quarter share.
2. If the husband has any living descendants – the wife receives a one-eighth share.

It does not make a difference whether the children are descended from the marriage of the husband or wife, or any previous marriage of the husband.

Adopted or fostered children are not considered as a couple’s own for the purposes of determining these shares, and therefore are not within the class of Qur’anic heirs. The deceased can leave them a bequest from the one third of their estate over which they have testamentary freedom. They can also be given lifetime gifts.

Shares where there are no ascendants or descendants

If a husband or wife dies without surviving ascendants (parents or grandparents) or descendants (children or remoter descendants), but has siblings, those siblings will generally inherit the estate.

If the siblings are full siblings, each brother would receive two parts of the estate, and each sister would receive one part.

If the siblings are half-siblings, paternal half-siblings would inherit under the same principles as apply to full siblings. If the siblings are maternal half-siblings, the principles are as follows.

If there is one maternal half-sibling, that person will inherit one-sixth of the deceased’s estate. If the deceased has two or more maternal half-siblings, each sibling shares one-third of the estate between them.

Shares of a daughter, mother and father

The rules for daughters and parents are derived from the following verse 11 of chapter 4 in the Qur’an.

Allah commands you regarding your children: the share of the male will be twice that of the female. If you leave only two ˹or more˺ females, their share is two-thirds of the estate. But if there is only one female, her share will be one-half. Each parent is entitled to one-sixth if you leave offspring. But if you are childless and your parents are the only heirs, then your mother will receive one-third. But if you leave siblings, then your mother will receive one-sixth⁴—after the fulfilment of bequests and debts. ˹Be fair to˺ your parents and children, as you do not ˹fully˺ know who is more beneficial to you. ˹This is˺ an obligation from Allah. Surely Allah is All-Knowing, All-Wise. (Q’uran 4:11)

Share of a surviving daughter

The share of a daughter on the death of her parent varies according to the situation.

1. If the deceased has only one daughter alive and no son (she is the only child) then the daughter receives a one-half share of her parent’s estate.
2. If the deceased has two or more daughters alive and no son, then the daughters will together receive a two-thirds share of the estate.
3. If the deceased has son(s) and daughter(s) alive then each of the daughters will receive one-half of each son’s share of the estate.

Share of a surviving mother

There are three scenarios to determine the share that a mother will receive from the estate of her deceased child.

1. If the deceased has neither male or female descendants, nor two or more siblings of any type alive, then the mother will inherit one-third of the whole estate.
2. If the deceased has male or female descendants, or two or more siblings of any type alive, then the mother will inherit a one-sixth share of the estate.
3. If the deceased only has spouse and both parents alive, then the mother will inherit one-third of the remainder of the estate after the share of the spouse is deducted.

Share of a surviving father

There are also three scenarios to determine the share that a father will receive from the estate of his deceased child.

1. If the deceased has a son, grandson or great grandson, then the father will receive a one-sixth share of the estate.
2. If the deceased has a daughter, granddaughter or son who himself has a daughter, granddaughter or great granddaughter then the father will receive a one-sixth share and the rest of the estate after distribution to the other fixed Qur’anic shareholders.
3. If the deceased has no children, then the father will get all or the rest of the estate.

Share of a surviving son

The son is a Qur’anic heir and will always inherit as a residuary. The son as an heir is not specifically mentioned in the Qur’an. On the death of a parent, the son’s share in the residue of the deceased’s estate is determined as follows.

1. The residue of the estate of a parent devolves upon the son together with the daughter (if any) once all the Qur’anic heirs with fixed entitlements have receive their allotted share.
2. The son takes the portion equal to that of two daughters as he is responsible for their financial maintenance.
3. If the son is the sole heir, then he takes the whole estate.

Conclusion

The rules governing Islamic inheritance are intricate, and shaped by a combination of fixed Qur’anic shares and residuary entitlements that vary depending on the presence of other heirs. Factors such as the existence of descendants, ascendants, and siblings can significantly alter the distribution of an estate, making it essential to understand the detailed scenarios that apply. Given the complexity and the potential for misinterpretation, professional guidance is often necessary to ensure compliance with both religious principles and legal frameworks.

At Wedlake Bell, our private client offshore specialists can assist you with navigating the nuances of Islamic inheritance law in the context of your overall succession planning. Wedlake Bell provides English legal and tax advice and can assist you in sourcing Shar’ia law advice tailored to your specific circumstances; we can help coordinate this with the application of English law (and the laws of any other relevant jurisdiction) to your estate. Please contact Kate Johnson, Shafaq Sadiq or your usual Wedlake Bell adviser.

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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