Inheritance Laws

Rights Prior to Inheritance Distribution

There are obligations pertaining to the deceased’s estate that must be settled before the distribution of inheritance can commence. These obligations must be fulfilled in the following order:

• The funeral preparation of the deceased is the first obligation to be addressed from the estate. This involves allocating funds sufficient for purchasing a shroud, preparing the grave, paying for washing the body, and similar costs, while avoiding extravagance. This is essential to honor the deceased and ensure a dignified burial that reflects their humanity. If the deceased lacks the necessary funds, it becomes the responsibility of those obligated to financially support them.
• Settling debts secured by collateral is prioritized. If the deceased had pledged an asset and left no other property, the repayment of the debt takes precedence over other obligations. According to Shafi’i jurisprudence, this matter is prioritized even over funeral preparations, emphasizing its significance.
• Settling the deceased’s debts, whether they are obligations to God—such as zakat, vows, or expiation—or obligations to individuals, like loans and debts, follows after funeral arrangements and mortgage repayment. These debts must be settled before the estate is divided and before the deceased’s will is executed, ensuring that God’s rights are addressed before those of individuals.
• The execution of the will follows, as scholarly consensus dictates that it be enforced after settling the deceased’s debts and before inheritance distribution. Allah states: “After any bequest that is made or any debt,” highlighting the need to prioritize executing the will to prevent heirs from neglecting it. Many mistakenly perceive a will as detracting from their inheritance rights, thinking it solely represents a charitable act that may lead to its neglect. The will typically encompasses up to one-third of the remaining estate.

For illustration, if an individual passes away having mortgaged a house, incurred a debt, and left a bequest of money to a friend, the procedure would be as follows: First, funds will be allocated for preparing the deceased. Second, the mortgage lender will be paid, followed by the debt settlement, and finally, the bequest to the friend will be enacted, with any remaining funds distributed to the heirs as prescribed by Islamic law.

Causes of Inheritance

There are four causes for inheritance, three of which are universally acknowledged by scholars, while one remains a topic of debate. The following elucidates these causes:

• Blood relationship or kinship refers to direct familial ties established at birth. This includes the deceased’s ascendants such as parents and grandparents, descendants like children and grandchildren, and relatives like siblings and cousins. The right of blood relatives to inherit is unquestionable, supported by the Quranic verse: “And those who are closest to one another in kinship have more right [to inheritance] in the Book of Allah.”
• Marriage is an agreed cause of inheritance among all scholars. When a marriage contract is valid, inheritance rights automatically apply to both spouses, even if one dies before consummation. The husband inherits from his wife, and vice versa, as evidenced by the verse: “And for you is half of what your wives leave.”

If the marriage contract is void, such as in temporary marriage scenarios, the spouses do not inherit from one another. However, a divorced spouse may inherit if the divorce is revocable and within the waiting period, reflecting the continuing marriage status. If it is a finalized divorce, then inheritance does not occur, even during the waiting period, as the marriage contract is considered dissolved. Nonetheless, cases arise where husbands may divorce their wives during illness, fearing imminent death, to prevent them from inheriting property. Most scholars assert that in such cases, the wife’s inheritance rights remain intact due to the husband’s malicious intent.

• Clientage represents a bond in which a freed slave inherits from their benefactor if the benefactor dies without any other heirs. This form of inheritance is a somewhat contentious issue among scholars, with the Hanafi school being the only one to affirm it.
• Islam serves as a cause of inheritance, meaning that if a person dies without any heirs, whether relatives or distant kin, their estate is directed to the Muslim treasury for communal needs, such as constructing or maintaining mosques. This practice is grounded in the saying of the Prophet Muhammad: “I am the heir of those who have no heirs.” The Prophet did not intend to claim the estate for himself, but rather to designate it for the entire Muslim community.

Conditions for Inheritance Distribution

Inheritance is confirmed under three conditions related to both the heir and the deceased, as outlined below:

• Verification of the deceased’s death, which can be established through personal observation or the testimony of two just witnesses. This also extends to a legal declaration of death for the missing person.
• Confirmation of the heir’s existence at the time of the deceased’s passing. If the heir’s status is uncertain—such as in cases of drowning or burning—they will not inherit, even if they are normally eligible heirs. However, a fetus is considered alive legally and will inherit if born alive at the time of the deceased’s death.
• Evidence of a valid cause for inheritance must be established; this includes proving kinship, marital ties, or clientage between the deceased and the heir at the time of death. Additionally, it is crucial to ascertain that no disqualifying factors exist that would prevent inheritance, which will be discussed later in the article.

How to Divide Inheritance

Inheritance of Fixed Share Heirs

Fixed share heirs are individuals designated by law to receive specific portions of the estate. There are twelve such persons: four male and eight female. The male heirs are the father, grandfather, husband, and brother through the mother. The female heirs include the mother, grandmother, wife, daughter, granddaughter, full sister, half-brother, and half-sister. The shares allotted to each are stipulated by Islamic law as follows:

• The father receives a sixth of the estate if the deceased has male descendants, like sons and their offspring. The father can inherit through both fixed shares and direct kinship when all of the deceased’s offspring are female; in this case, he takes one-sixth as a fixed share and the remainder by kinship. The father can also inherit solely by kinship.
• The grandfather is entitled to one-sixth as a fixed share if the deceased’s male descendants are present and the father is absent. He may inherit through a combination of fixed shares and kinship in cases where only female descendants exist, and he stands as the only remaining heir when no other relatives are available.
• The mother inherits one-sixth of the estate if there are descendants or siblings, while she receives one-third if there are no descendants or siblings. As stated in the Quran: “To his parents, a sixth of what he leaves if he has children. But if he has no children, and the parents inherit from him, then for his mother is one-third. If he has siblings, then for his mother is a sixth.”
• The grandmother will inherit one-sixth as a fixed share if the mother is not alive.
• The husband inherits half of the estate when there are no children, while he takes one-fourth when children are present.
• The wife is entitled to one-eighth if children exist and inherits one-fourth if there are none.
• The daughter, if she is the only child and has no brothers, inherits half the estate. If there are two or more daughters without brothers, they collectively inherit two-thirds. If a daughter has brothers, she inherits alongside them through direct kinship.
• The granddaughter receives half the estate if there are no male siblings to share her inheritance or if she has no sisters, provided there are no living sons or daughters of the deceased.
• The full sister inherits half if she has no siblings and no key male heirs, while two or more full sisters together receive two-thirds, and they inherit alongside their brothers as well.
• The half-sister is entitled to her fixed share if there are none of her full sisters or brothers present, with no male descendants from the deceased. If conditions are met, she receives half. Two half-sisters may inherit two-thirds together.
• Half-brothers and half-sisters inherit one-sixth each if they are the only heirs and there are no key male relatives.

Inheritance of Male Agnates

Agnates refer to individuals who inherit what remains of the estate, lacking fixed shares like the fixed share heirs. They inherit the entirety of the estate in cases of exclusivity. There are two types of agnates: those related through legal means (like emancipation) and those related by blood. The details are as follows:

• Agnates in direct relation are males with no intervening females between themselves and the deceased. This category encompasses sons, grandfathers, fathers, brothers (full and half), uncles, and their children. They inherit the remaining estate if one of them stands alone and has no fixed share heirs. If fixed share heirs are present, agnates will inherit the remaining after their shares are allocated.

In scenarios where the estate is depleted when distributing fixed shares, agnates except for the father, grandfather, and son will not inherit. Moreover, if multiple agnates exist, the order of inheritance follows a hierarchy, giving precedence to brothers over uncles, for example, and fathers over grandfathers due to their proximity to the deceased. The inheritance law highlights the rights of agnates by stating: “Assign the shares to their rightful owners and what remains should go to the nearest male relative.”

• Agnates related through others inherit half the shares of fixed share heirs if they exist separately or inherit two-thirds if there are two or more sharing the inheritance. If a male relative shares the estate with them, then they will inherit alongside him. This category encompasses daughters, granddaughters, full sisters, and half-sisters.
• Agnates who need another female to qualify as heirs are full sisters who inherit alongside daughters or granddaughters, and half-sisters who share with daughters or granddaughters. They receive a share of the remaining estate after the allocation of fixed shares.

Inheritance of Those with Kinship Rights

Those with kinship rights are relatives of the deceased who do not inherit as fixed share or agnate heirs. They inherit only when the deceased leaves no fixed share or agnate heirs. Allah’s decree: “And those who are closest to one another in kinship have more right [to inheritance] in the Book of Allah” affirms this. However, scholars such as Imam Malik and Imam Shafi’i maintain that kinship relatives do not inherit and that the estate should instead go to the Muslim treasury. The hierarchy of kinship relations is as follows:

• Grandchildren through females—descendants of daughters and their progeny.
• Granddaughters through brothers and their offspring as if they inherit their father’s estate, as well as offsprings of women who had siblings (half-brothers included).
• Maternal uncles and aunts, along with the maternal grandfather.
• Paternal aunts and paternal uncles.
• Grandmothers who are not proven to be legitimate, either from the paternal or maternal sides, with a maternal grandmother taking precedence.
• Paternal grandparents who are not legitimate, such as grandmother from the father’s side or grandfather from the mother’s side.

Inheritance of Fetuses

Some heirs have uncertain statuses regarding their existence or gender, which leads to varying inheritance rulings. The following outlines these cases:

• Fetus inheritance: If a deceased individual leaves behind a pregnant heir, the fetus is entitled to inheritance if born alive and cries upon delivery. In this situation, heirs may choose to either wait for the newborn before distributing the estate based on its relation to the deceased, or they may divide the estate in anticipation of one or two genders. When the birth occurs, the newborn’s share will be allocated, and remaining assets will be distributed among the rightful heirs. The grandmother’s share will remain unchanged regardless of the child’s existence. Similarly, the mother’s and wife’s shares will be less, predicated on the child’s anticipated presence, while siblings will not inherit until its existence and gender are confirmed.
• Missing persons inheritance: This applies to individuals whose status is unknown; it remains to be seen whether they are deceased or still living. A judge may determine the duration of their absence. If a missing person had assets, they will be deemed deceased for estate distribution to rightful heirs. Conversely, an absent heir’s share will be suspended until their return or if their death is confirmed, at which point their estate will revert to rightful heirs.
• Androgynous inheritance: Androgynous individuals present uncertain claims to inheritance due to their ambiguous gender status. They would inherit half the share allocated to men and half that of women. Should the heirs wish to clarify their status before dividing the estate, they can opt to temporarily withhold their share. Heirs can use minor attributes (like facial hair for masculinity or menstruation for femininity) to determine the rightful inheritance.
• Inheritance in Mass Fatalities: This refers to situations in which many individuals die at the same time due to disasters like fires, vehicular accidents, or drownings. If it is known who died first, then the latter will inherit from the former. However, if multiple people perish simultaneously or if their death order is uncertain, none will inherit from each other, and their respective estates will be allocated solely to their surviving heirs.

Inhibitors to Inheritance

An inheritance inhibitor, as defined by scholars, is a condition that, if present, negates inheritance. Conversely, its absence does not guarantee inheritance rights. Therefore, if an inhibitor exists, inheritance is denied; if not, the party is entitled to inherit. There are three primary inhibitors:

• Slavery: A slave lacks the ability to inherit or bequeath as they are considered property of their owner.
• Murder: If an heir intentionally or accidentally kills their benefactor, they are barred from inheritance. This prohibition aims to prevent individuals from using murder as a means to acquire the estate, thus safeguarding against any claims of mistake following an unlawful act. Accidental harm that does not involve malice does not disqualify the perpetrator from inheriting.
• Religious Difference: In the case where an heir practices a different faith than the deceased, typically when one is Muslim and the other is not, inheritance does not occur. This is reinforced by the Prophet’s hadith: “A Muslim does not inherit from a disbeliever, nor vice versa.” Additionally, followers of different religious sects do not inherit from each other’s estates; a Jewish person cannot inherit from a Christian and vice versa. However, exceptions apply when a slave’s master is of a different faith, and inheritance may be acknowledged upon conversion to Islam before estate distribution. Nevertheless, a hypocrite or apostate’s assets will revert to Muslim heirs. Certain scholars avoid making exceptions and adhere strictly to the general conclusions preventing inheritance based on religious discord.