Laws of Inheritance

Introduction Pre Islamic period eldest son would acquire the entire wealth Through Inheritance wealth remain in circulation and does not get concentrated in few hands

Laws of Inheritance

The base or principle of distribution through inheritance is not need of individuals but close relations

Laws of Inheritance

Before distribution of Inheritance:

a) Payment of debt: Loan, Mehr, Zakat, Missed days of Fasting. b) Hiba: Freedom to give any amount to anyone Possession given during life time cannot be taken back.

Laws of Inheritance

c) Will: Can be oral or written 1. Distribution only after death. 2. Maximum 1/3 of wealth can be distributed. 3. Cannot be given to inheritors

Distribution through inheritance

Guiding principles:

a) Both male and female have a share. b) Share of male is double that of female. c) Shares determined by Quran 1/8, 1/4, 1/2, 1/6, 1/3, 2/3. d) Sometimes the presence of an inheritor has an effect on the share of other inheritors. This is called Hijab

Distribution through inheritance

e) Wealth whether little or large, must be distributed Permanent inheritors: 1.Son, Daughter 2. Father, Mother 3. Husband, Wife

Distribution through inheritance Conditions

a) All inheritors must be alive at the time of death of relative whose wealth is being distributed b) Adopted child has no share in inheritance c) If the wife is expecting, unborn child will also have a share

Distribution through inheritance Conditions

Kafir cannot inherit from a Muslim deceased nor vice versa If the beneficiary of inheritance is involved in murder of deceased, he is deprived from inheritance.

After Distribution to inheritors 3 conditions may exist:

1) All the wealth is distributed. Nothing is left. 2) Some property remains behind, then who will get it? If no son is present, then the nearest male relative will get a share.

After Distribution to inheritors 3 conditions may exist:

3) If the number of shares exceed the available, then the shares of all inheritors will be proportionately reduced.

Jazak-Allah khair

Inheritance of children

Nisa:11

Allah enjoys you concerning your children that the share of male equal to 2 female, in case of the heir be more than 2 female their total share is 2/3 of the inheritance
If the deceased leaves behind: a) Two or more females, and no son, they will share equally from 2/3 of wealth

Others 1/3

Two or more Female 2/3

Inheritance of children

Nisa:11

And if there be one female her share shall be half

Others

If the deceased leaves behind: b) One female, she will have 1/2

One Female 1/2

Inheritance of children
If the deceased leaves behind: c) One son, he is entitled to whole of inheritance in absence of other heirs. If other heirs are present then after allotment of their shares

Others 1/3 Others 1/2

One Female 1/2 Two or more Female 2/3

Inheritance of Parents

& for the parents a sixth of the inheritance if the deceased has left children

If deceased has children, the parents get 1/6 each, balance is divided between children and heirs

Others 2/3

Father 1/6 Mother 1/6

Inheritance of Parents

But if he has no children and the parents are heir the the mother has 1/3
If the deceased has no child or other heirs, mothers share is 1/3 and fathers/others share is 2/3

Mother 1/3

Father/others 2/3

Inheritance of Parents

If the deceased has brothers & sisters the mother shall have 1/6
However if the deceased has brother/sister either from fathers or mothers side, the mothers share reduces to 1/6.

Mother 1/6

Others 5/6

Inheritance of Husband and Wife

You will get of what yr wives leave behind if they have no child

Others 1/2 Husband 1/2

For Husband If wife dies and has no child (from any husband), he gets 1/2.

Inheritance of Husband and Wife

But if they have a child, then you shall have of what they leave behind..
For Husband If she has a child, he (husband) gets 1/4

Others 3/4

Husband 1/4

Inheritance of Husband and Wife

& for them the share is of what you leave behind if you have no child
For Wife If the husband dies and has no child, wife gets 1/4 (equally divided among all if more than one)
Others 3/4 Wife 1/4

Inheritance of Husband and Wife

But if you have a child then they shall get 1/8 of what you leave behind
For Wife If he (husband) has a child, wife gets 1/8

Others 7/8

Wife 1/8

Inheritance of Brother and Sister (common mother different father)

Only in case of Kalala: The deceased (male or female) having no child or parents A Brother and/or a sister each will get 1/6

Others 2/3

Brother 1/6

Sister 1/6

Inheritance of Brother and Sister (common mother different father)

Only in case of Kalala: The deceased (male or female) having no child or parents If more than one they all will share equally from 1/3

OTHER 2/3

Share 1/3

Inheritance of Brother and Sister (Same Father) Nissan Ayat 176

Only in case Kalala: The deceased (male or female) having no child or parents A sister will get 1/2

Other 1/2

Sister 1/2

Inheritance of Brother and Sister (Same Father)

Only in case Kalala: The deceased (male or female) having no child or parents Brother will get the entire wealth

Brother gets total left after heirs

Inheritance of Brother and Sister (Same Father)

Only in case Kalala: The deceased (male or female) having no child or parents More than two sister they will share from 2/3 equally

Other 1/3

Sisters 2/3

Examples

Husband dies

Wife dies

Total wealth Rs1000

Wife 1/8 Rs 125

Total wealth Rs 1000

Husband Rs 250

Left over Rs 875

Left over

Rs 750
Rs 500 Rs 250

1 Son Rs 583.4 1 Son 1 Daughter Rs 291.6 1 Daughter

Examples

Son dies

Total wealth Rs1000

Wife 1/8 Rs 125 Father 1/6 Rs 166.6 Mother 1/6 Rs 166.6

Left over

Rs541.8

1 Son Rs 361.2 1 Daughter Rs 180.6

Examples

Man dies leaving behind a wife and five daughters

Total wealth Rs1000

Wife 1/8 Rs 125 Daughters 2/3 Rs 666 (Equally between 5 daughters)

Left over

Rs 209
Rs 209

Brother of deceased

Examples

Kalala (Common Mother) Man dies

Total wealth Rs 1000

Wife 1/4 Rs 250 Brother 1/6 Rs 166.6 Sister 1/6 Rs 166.6

Kalala (Common Father) Man dies

Total wealth Rs 1000

Wife 1/4 Rs 250

Left Over
Brother Sister

Rs 750
Rs 500 Rs 250

Left Over Rs 416.6 To closest male (Uncle)

Examples

Man dies leaving behind: 2 daughters who get 2/3 Father who gets 1/6 Mother who gets 1/6 Hence entire wealth is distributed: 2/3+1/6+1/6=1 Wife share of 1/8 is given after proportionately reducing all the above shares