In the Name of God, the Beneficent, the Merciful.

Praise belongs to God alone, and He is Sufficient, and may peace be upon His chosen servants. May God

send His prayers, peace, and blessings upon our Master Muhammad and upon the family of our Master

Muhammad.

We intend learning and teaching, remembering and reminding, giving and receiving benefit and gain,

encouraging adherence to the Book of God and the Way of His Messenger, inviting to guidance and

leading to goodness, seeking therein God’s Pleasure, Proximity, and Reward, Glorious and Exalted is He.

We intend what our teachers and the pious have intended, and what God knows of virtuous intentions,

and we ask God to accept.

Islāmic Inheritance Law

Mawlānā Yousuf Ghouse

When an individual dies, their estate will be used for the following purposes:

1) Covering funeral expenses.

2) Paying back all debts.

3) Honoring any bequests – this will apply only under the following three conditions:

A. The bequests can only be from 1/3 of the estate. Any bequests beyond 1/3 of the remaining estate

(after covering burial expenses and paying back debts) will not be honored.

B. The bequests cannot be for something sinful.

C. The bequests cannot be for an heir.

Then, anything that remains of the estate will be divided among the heirs, as detailed below.

Types of Heirs

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Heirs are divided into three categories:

1) Aṣḥāb al-Farā’iḍ: these heirs will receive a fixed share that is stipulated by the Qur’ān.

2) ʿAṣabāt: these heirs will receive whatever is left after the Aṣḥāb al-Farā’id have taken their shares.

3) Dhawū al-Arḥām: any relatives who do not fit into one of the above categories. Practically speaking,

these heirs rarely inherit.

Aṣḥāb al-Farā’iḍ (4 males & 8 females)1

 The Father

1) If there are no descendants, then the father will inherit as a ʿAṣabah.

2) If there are any female descendants, then the father’s share will be 1/6, and he will also inherit as

a ʿAṣabah.

3) If there are any male descendants, then the father’s share will be 1/6.

 The Ṣaḥīḥ Grandfather(s)2

1) If there are no descendants, then the ṣaḥīḥ grandfather will inherit as a ʿAṣabah.

2) If there are any female descendants, then the ṣaḥīḥ grandfather’s share will be 1/6, and he will

also inherit as a ʿAṣabah.

3) If there are any male descendants, then the ṣaḥīḥ grandfather’s share will be 1/6.

4) If there is a father, then the ṣaḥīḥ grandfather will not inherit.

 The Uterine Sibling(s)3

1
Within each category of the Aṣḥāb al-Farā’id, if a higher-numbered scenario applies, then the lower-
numbered scenarios will not be considered.
2
“Ṣaḥīḥ grandfathers” are grandfathers who are not related to the deceased via a mother. Grandfathers
who are related to the deceased via a mother are called “fāsid grandfathers.”

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 1) If there is one uterine sibling, then his/her share will be 1/6.

2) If there are two or more uterine siblings, then their total share will be 1/3.

3) If there are any male ascendants or any descendants, then the uterine sibling will not inherit.

 The Husband

1) If there are no descendants, then the husband’s share will be 1/2.

2) If there are any descendants, then the husband’s share will be 1/4.

 The Wife/Wives

1) If there are no descendants, then the wife/wives’ share will be 1/4 each.

2) If there are any descendants, then the wife/wives’ share will be 1/8 each.

 The Daughter(s)

1) If there is one daughter, then her share will be 1/2.

2) If there are two or more daughters, then their total share will be 2/3.

3) If there is are any sons, then the daughter’s share will be half of theirs.

 The Paternal Granddaughter(s)

1) If there is one paternal granddaughter, then her share will be 1/2.

2) If there are two or more paternal granddaughters, then their total share will be 2/3.

3) If there are any paternal grandsons, then the paternal granddaughter’s share will be half of theirs.

4) If there is one daughter, then the paternal granddaughter’s share will be 1/6.

5) If there are two or more daughters, then the paternal granddaughter will not inherit.

6) If there is a son, then the paternal granddaughter will not inherit.

 The Mother

1) If there are no children, or less than two siblings (be they full, uterine, or agnate siblings), then

the mother’s share will be 1/3.

3
“Uterine siblings,” or maternal half-siblings, are siblings who have the same mother but not the same
father.

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 2) If there are any children, or two or more siblings (be they full, uterine, or agnate siblings), then

the mother’s share will be 1/6.

3) If the only heirs are the spouse and both of the parents, then the mother’s share will be 1/3 of

what remains after the spouse takes their share.

 The Ṣaḥīḥah Grandmother(s)4

1) If there is no mother, then the ṣaḥīḥah grandmother’s share will be 1/6.5

2) If there is a mother, then the ṣaḥīḥah grandmother will not inherit.

 The Full Sister(s)

1) If there is one full sister, then her share will be 1/2.

2) If there are two or more full sisters, then their total share will be 2/3.

3) If there are any female descendants, then the full sister will inherit similar to a ʿAṣabah.

4) If there are any full brothers, then the full sister’s share will be half of theirs.

5) If there are any male ascendants or any male descendants, then the full sister will not inherit.

 The Agnate Sister(s)6

1) If there is one agnate sister, then her share will be 1/2.

2) If there are two or more agnate sisters, then their total share will be 2/3.

3) If there is one full sister, then the agnate sister’s share will be 1/6.

4) If there are two or more full sisters, then the agnate sister will not inherit.

5) If there are any female descendants, then the agnate sister will inherit similar to a ʿAṣabah.

6) If there are any agnate brothers, then the agnate sister’s share will be half of theirs.

7) If there are any male ascendants or any male descendants, then the agnate sister will not inherit.

4
“Ṣaḥīḥah grandmothers” are grandmothers who are not related to the deceased via a fāsid grandfather.
5
This will apply only if all of the ṣaḥīḥah grandmothers belong to the same generation.
6
“Agnate siblings,” or paternal half-siblings, are siblings who have the same father but not the same
mother.

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ʿAṣabāt (4 levels)

Level 1 – The son, grandson, etc. of the deceased.

Level 2 – The father, grandfather, etc. of the deceased.

Level 3 – The sons, grandsons, etc. of the deceased’s father.

Level 4 – The sons, grandsons, etc. of the deceased’s grandfather.

 If an heir of a higher level is present, then the heirs of the lower levels will not inherit.

 Within a level, if an heir closer to the deceased is present, then the heirs further from the deceased

will not inherit.

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 Scenario Share
No descendants ʿAṣabah
The Father
Any female descendants 1/6 + ʿAṣabah
Any male descendants 1/6
No descendants ʿAṣabah
The Grandfather(s) Any female descendants 1/6 + ʿAṣabah
Any male descendants 1/6
Father Will not inherit
One uterine sibling 1/6
The Uterine Sibling(s)
Two or more uterine siblings 1/3 in total
Any male ascendants or any descendants Will not inherit
The Husband No descendants 1/2
Any descendants 1/4
The Wife/Wives No descendants 1/4 each
Any descendants 1/8 each
One daughter 1/2
The Daughter(s)
Two or more daughter 2/3 in total
Any sons Half of son’s share
One paternal granddaughter 1/2
The Paternal Two or more paternal granddaughters 2/3 in total
Any paternal grandsons Half of paternal grandson’s share
Granddaughter(s) One daughter 1/6
Two or more daughters Will not inherit
Any sons Will not inherit
No children, or less than two siblings 1/3
The Mother
Any children, or two or more siblings 1/6
Only spouse and both parents 1/3 after spouse’s share
The Grandmother(s) No mother 1/6 each
Mother Will not inherit
One full sister 1/2
Two or more full sisters 2/3 in total
The Full Sister(s)
Any female descendants Will inherit similar to ʿAṣabah
Any full brothers Half of full brother’s share
Any male ascendants or male descendants Will not inherit
One agnate sister 1/2
Two or more agnate sisters 2/3 in total
One full sister 1/6
The Agnate Sister(s)
Two or more full sisters Will not inherit
Any female descendants Will inherit similar to ʿAṣabah
Any agnate brothers Half of agnate brother’s share
Any male ascendants or male descendants Will not inherit