The Islamic Law of Inheritance (‘Ilm L- Miraath)

by | Aug 7, 2025 | Blog | 0 comments

The Islamic Law of Inheritance (‘Ilm L- Miraath)

In the name of Allah, the most Beneficent, the most Merciful.

All praises are due to Allah, the most Gracious. May the peace and blessings of Allah be upon His noble Prophet Muhammad (ﷺ), his households, his companions and those who follow his path till the day of recompense (Aameen). Verily, from Allah we come and to him is our final return. And without an iota of doubt, every soul shall taste death as it has been established in the word of Allah:

{ كُلُّ نَفۡسٖ ذَآئِقَةُ ٱلۡمَوۡتِۖ ثُمَّ إِلَيۡنَا تُرۡجَعُونَ } [Surah Al-ʿAnkabūt: 57]

“Everyone shall taste death. Then unto Us you shall be returned.” (Muhsin Khan and Taqi-ud-Din al-Hilali)

From time immemorial, the distribution of inheritance amongst the heirs has often caused a lot of conflicts. After the death of an individual, whatever is left of the deceased’s properties will be shared or distributed amongst his closest family and relatives; but this distribution often causes a lot of issues among the heirs, sometimes due to ignorance, greed or arrogance which goes against what has been ordained by Allah and explained by his Messenger(ﷺ). Arguments between family members are also caused by differences in the understanding of how the inheritance is divided. The solution to this has been provided by Allah, the All-Wise in the glorious Qur’an and also the pure traditions of the Prophet, and anyone who tries to study this will find out that no matter how wise anyone could be, he will not be able to arrive at the perfect distribution formular provided by the Qur’an and Sunnah. The issue of inheritance is so important that Allah does not leave it for His creations to decide, rather, He took it upon Himself and explained it explicitly in the Glorious Qur’an.

However, this piece of work will try to explain the basic knowledge of the Islamic law of Inheritance in Islam.

THE DEFINITION OF INHERITANCE(MIRAATH)

Al-miraath is derived from the verb ‘wa-ri-tha; ya-ri-thu; ir-than and  mi-raa-than’  which means ‘to inherit’. For example, ‘he inherits his father’. It can also mean to benefit something e.g. knowledge from someone. Allah said:

{ وَوَرِثَ سُلَيۡمَٰنُ دَاوُۥدَۖ وَقَالَ يَٰٓأَيُّهَا ٱلنَّاسُ عُلِّمۡنَا مَنطِقَ ٱلطَّيۡرِ وَأُوتِينَا مِن كُلِّ شَيۡءٍۖ إِنَّ هَٰذَا لَهُوَ ٱلۡفَضۡلُ ٱلۡمُبِينُ }

[Surah An-Naml: 16]

And Sulaimân (Solomon) inherited (the knowledge of) Dâwûd (David). He said: O mankind! We have been taught the language of birds, and on us have been bestowed all things. This, verily, is an evident grace (from Allâh). (Muhsin Khan and Taqi-ud-Din al-Hilali).

Technically, inheritance simply means the knowledge or process of distributing or allocating the properties of a deceased Muslim to its rightful heirs in accordance with Allah’s decree in the Quran and the tradition of His Messenger (ﷺ).

The science of inheritance is based on three fundamentals:

  1. Who will inherit (the rightful heirs)
  2. Who is to be inherited (the deceased)
  3. What share goes to each heir (allocated properties)

THE PRE ISLAMIC SYSTEM OF INHERITANCE.

In the pre-Islamic era and even in modern societies, various communities used different methods in dealing with the properties of their deceased which are mostly connected to their beliefs.

Therefore, the pre-Islamic system of inheritance in some communities are summed up as follow:

  1. The pre–Islamic Arabians had their principle of inheritance based on blood relationship, adoption and contract. On blood relationship, emphasis was made on comradeship in arm where only those who could fight to defend their clan or get war booties were allowed to inherit. The system of inheritance through adoption established the right of inheritance between the two (deceased/adaptor and heir/adopted) even though they are not related by blood. The system of adoption was abrogated by Islam. And also, the method of inheritance based on contract or agreement where one of both individual(s) enjoyed the right to inherit based on agreement. That is, a complete stranger could inherit without considering any relationship.
  2. Women were completely excluded from inheritance. They were regarded as part of inheritance of the deceased and, therefore their right to inheritance was out of question and in many cases the eldest inherits or claims his father’s wives. Likewise, the weak and minor children were deprived their right of inheritance because of their common principle of inheritance that he who is entitled to share is he who wields the sword.
  3. In certain societies and some of the so-called civilized parts of the world, there’s an existing law of Primogeniture where the eldest son is entitled to inherit the whole of his father’s property or get the largest share. For example, the Hindus gave preference to the eldest son in the case where the deceased has several sons (islamspirit.com :2012). And as for the Jewish, only the four male generations (male descendants; sons and grandsons of the deceased, male ascendants; father and grandfather, male descendants of the deceased’s father; full and half-brother from the father’s side and male descendants of the deceased’s grandfather; full and half paternal uncles) (Lakhyi:2011) are mostly considered for inheritance.

In subject to the above analysis, it is obvious that there is no any equitable rule or method governing how the properties of the deceased should be distributed among the surviving heirs in the pre-Islamic era.

THE BASIS OF INHERITANCE IN THE QURAN AND HADITH

Islam has determined the way in which the properties of a deceased Muslim should be shared. The Islamic law is a part of the divine legislation. The principle ensures fair and just distribution of the deceased properties to its prescribed rightful owner in a determined or stated portion.

In the Quran, most of the inheritance laws are derived from Suuratu Nisa’a (Chapter 4). But there are also a few inheritance related verses in Suuratul Maa’idah (Chapter 5), which address the needs and qualifications of the witnesses for the will while others are related to the inheritance of minors. But in this guide, we will focus on the Verses of Suuratu Nisa’a, which describes the inheritance rights of the Descendants (children and grandchildren) and Ascendants (parents and grandparents).

Allah the most high said:

{ يُوصِيكُمُ ٱللَّهُ فِيٓ أَوۡلَٰدِكُمۡۖ لِلذَّكَرِ مِثۡلُ حَظِّ ٱلۡأُنثَيَيۡنِۚ فَإِن كُنَّ نِسَآءٗ فَوۡقَ ٱثۡنَتَيۡنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَۖ وَإِن كَانَتۡ وَٰحِدَةٗ فَلَهَا ٱلنِّصۡفُۚ وَلِأَبَوَيۡهِ لِكُلِّ وَٰحِدٖ مِّنۡهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٞۚ فَإِن لَّمۡ يَكُن لَّهُۥ وَلَدٞ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُۚ فَإِن كَانَ لَهُۥٓ إِخۡوَةٞ فَلِأُمِّهِ ٱلسُّدُسُۚ مِنۢ بَعۡدِ وَصِيَّةٖ يُوصِي بِهَآ أَوۡ دَيۡنٍۗ ءَابَآؤُكُمۡ وَأَبۡنَآؤُكُمۡ لَا تَدۡرُونَ أَيُّهُمۡ أَقۡرَبُ لَكُمۡ نَفۡعٗاۚ فَرِيضَةٗ مِّنَ ٱللَّهِۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمٗا } [Surah An-Nisāʾ: 11]

“Allâh commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers (or sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit; (these fixed shares) are ordained by Allâh. And Allâh is Ever All-Knower, All-Wise”. (Muhsin Khan and Taqi-ud-Din al-Hilali)

From the above verse, the following inheritance rules derived are:

  • Sons receive twice the inheritance share of daughters.
  • If the sole children are two daughters only, they will inherit two-thirds (⅔) of the inheritance.
  • If the deceased is survived of a daughter and no sons, she receives half the inheritance.
  • If the deceased is survived of both parents and no children, the mother receives one-third (⅓) and the father takes the remainder.
  • If the deceased is survived of both parents and children, each parent receives one-sixth (⅙) of the inheritance.
  • If the deceased is survived of the mother and no children, but has siblings, then the mother received one-sixth (⅙) and the father takes the remainder.
  • All of this is based upon what remains after payment of funeral expenses and debts.

Allah also said:

{ ۞وَلَكُمۡ نِصۡفُ مَا تَرَكَ أَزۡوَٰجُكُمۡ إِن لَّمۡ يَكُن لَّهُنَّ وَلَدٞۚ فَإِن كَانَ لَهُنَّ وَلَدٞ فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكۡنَۚ مِنۢ بَعۡدِ وَصِيَّةٖ يُوصِينَ بِهَآ أَوۡ دَيۡنٖۚ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكۡتُمۡ إِن لَّمۡ يَكُن لَّكُمۡ وَلَدٞۚ فَإِن كَانَ لَكُمۡ وَلَدٞ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكۡتُمۚ مِّنۢ بَعۡدِ وَصِيَّةٖ تُوصُونَ بِهَآ أَوۡ دَيۡنٖۗ وَإِن كَانَ رَجُلٞ يُورَثُ كَلَٰلَةً أَوِ ٱمۡرَأَةٞ وَلَهُۥٓ أَخٌ أَوۡ أُخۡتٞ فَلِكُلِّ وَٰحِدٖ مِّنۡهُمَا ٱلسُّدُسُۚ فَإِن كَانُوٓاْ أَكۡثَرَ مِن ذَٰلِكَ فَهُمۡ شُرَكَآءُ فِي ٱلثُّلُثِۚ مِنۢ بَعۡدِ وَصِيَّةٖ يُوصَىٰ بِهَآ أَوۡ دَيۡنٍ غَيۡرَ مُضَآرّٖۚ وَصِيَّةٗ مِّنَ ٱللَّهِۗ وَٱللَّهُ عَلِيمٌ حَلِيمٞ }[Surah An-Nisāʾ: 12]

“In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third, after payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allâh; and Allâh is Ever All-Knowing, Most-Forbearing”. (Muhsin Khan and Taqi-ud-Din al-Hilali)

From the above verse, the inheritance rules derived are:

  • If the Wife is survived of her Husband and there are no children, the husband receives half (½) of the inheritance.
  • If the Wife is survived of her Husband and there are children, the husband receives one-fourth (¼) of the inheritance.
  • If the Husband is survived of his Wife or Wives and there are no children, the wife(ves) receives one-fourth (½) of the inheritance (They share the ¼ among themselves).
  • If the Husband is survived of his Wife or Wives and there are children, the wife(ves) receives one-eight (⅛) of the inheritance.
  • If the wife or husband is survived of no ascendants (parents) or descendants (children), but there is a maternal sibling (brother/sister from same mother) he/she receives one-sixth (⅙) of the inheritance.
  • If the wife or husband is survived of no ascendants (parents) or descendants (children), but there are two or more maternal siblings (brothers/sisters from same mother), they all share one- third (⅓) of the inheritance.

Allah also said:

{ يَسۡتَفۡتُونَكَ قُلِ ٱللَّهُ يُفۡتِيكُمۡ فِي ٱلۡكَلَٰلَةِۚ إِنِ ٱمۡرُؤٌاْ هَلَكَ لَيۡسَ لَهُۥ وَلَدٞ وَلَهُۥٓ أُخۡتٞ فَلَهَا نِصۡفُ مَا تَرَكَۚ وَهُوَ يَرِثُهَآ إِن لَّمۡ يَكُن لَّهَا وَلَدٞۚ فَإِن كَانَتَا ٱثۡنَتَيۡنِ فَلَهُمَا ٱلثُّلُثَانِ مِمَّا تَرَكَۚ وَإِن كَانُوٓاْ إِخۡوَةٗ رِّجَالٗا وَنِسَآءٗ فَلِلذَّكَرِ مِثۡلُ حَظِّ ٱلۡأُنثَيَيۡنِۗ يُبَيِّنُ ٱللَّهُ لَكُمۡ أَن تَضِلُّواْۗ وَٱللَّهُ بِكُلِّ شَيۡءٍ عَلِيمُۢ } [Surah An-Nisāʾ: 176]

“They ask you for a legal verdict. Say: Allâh directs (thus) about Al-Kalâlah (those who leave neither descendants nor ascendants as heirs). If it is a man that dies leaving a sister, but no child, she shall have half the inheritance. If (such a deceased was) a woman, who left no child, her brother takes her inheritance. If there are two sisters, they shall have two-thirds of the inheritance; if there are brothers and sisters, the male will have twice the share of the female. (Thus) does Allâh make clear to you (His Law) lest you go astray. And Allâh is the All-Knower of everything”. (Muhsin Khan and Taqi-ud-Din al-Hilali).

From the above verse, the inheritance rules derived are as follows:

  • If it’s a man who dies without any descendants(son/grandson) or ascendants(parents/grandparents) i.e. “kalaalah” and has only one surviving sister, the sister will inherit half (½) of the inheritance.
  • If it’s a woman who dies without any descendants(son/grandson) or ascendants(parents/grandparents) i.e. “kalaalah” but has only one surviving brother, the brother inherits the entire property.
  • If such person is survived by two sisters, the sisters receive two-third (⅔) of the inheritance.
  • If such person is survived by both male and female siblings, the males will take double of the female’s shares.

The above verses (1&2&3) establish the basis of Islamic inheritance laws and emphasize that the position of inheritance in Islam is very important. So, this knowledge needs to be understood well before distributing properties of the deceased to his/her heirs and this provides a legal possession to surviving individuals of a deceased property.

The Prophet (ﷺ) said:

(لاَ وَسِيَّةَ لِلوَﺍرِثِ)

“There shall be no will in favor of a legal heir”

The Islamic system of inheritance makes us understand that:

  1. Inheritance is a Divine injunction from Allah, the Most-High which displays a form of justice and mercy to the mankind.
  2. To respect the property right/ownership of an individual earned through honest means.
  3. To break up the concentration of wealth among individuals and spread it out into the society.
  4. To hammer in the consciousness of man the fact that he is not the absolute master of his wealth but authorized to pass it on to others.
  5. To reduce deception and conflicts among the Muslim society.

In Islam, the rights to inheritance are not restricted to ability to fight, agreement and adoption, rather it is based on blood relationship, marriage and emancipation (Walaa). Islam abrogated all the pre-Islamic systems and in it, there is no favor among heirs; but I faan equitable distribution among the heirs is designed.

DISTRIBUTION OF THE DECEASED’S PROPERTY

The way in which the properties of the deceased is distributed is on the basis of four main subheadings in accordance, namely:

  1. Funeral expenses: Funeral expenses include all expenses relating to washing of the corpse, shrouding, transporting and burial. And burial process has to be in accordance to the Islamic teachings.
  2. Settlement of Debt: The deceased’s debts must be laid off before distributing the remaining property to the heirs. The debts may include the right of Allah like zakat or the rights of individuals and it must be settled before the distribution of the deceased’s property.
  3. Will (Wasiyyah): This is the portion stated by the deceased before his death in favor to non-inheritors. This will be deducted before the distribution of the property and it must not exceed one third (⅓) of the property as stated by the Prophet (ﷺ).
  4. Distribution of the remaining property among the heirs: The remaining property of the deceased goes to the heirs after settling the funeral expenses, debt and Will in accordance to the Quran, the tradition of the Prophet(ﷺ) and the consensus of the scholars.

Therefore, the distribution of property to heirs, in all respects, is after deducting the funeral expenses, payment of debt and execution of Will as stated by Allah in the Glorious Quran.

PILLARS OF INHERITANCE

The Islamic inheritance law revolves around three (3) important pillars. These pillars must be present for inheritance to occur:

  1. The Deceased (Al muwarrith): This refers to the person who passed away and left inheritable property to be shared among his entitled families and relatives.
  2. The Heirs (Al waarith): These are the individuals who are entitled to inherit whole or part of the deceased’s property.
  3. The inheritable properties (Al mauruth): This refers to the assets or possessions left behind by the deceased which may include money, farm produce, houses, cars, animals, among many others.

The above pillars of inheritance must be available before inheritance can take place. i.e.  without a deceased person, there is no heir. So also, in the presence of the deceased and heir, without any inheritable property, inheritance cannot take place, likewise if the deceased has inheritable properties without an heir, inheritance cannot take place therefore, the properties go to the Muslim public treasury (Baytul Maal).

CONDITIONS OF INHERITANCE

These are those things that must be fulfilled before inheritance takes place and they are:

  1. Certainty of Death of the Individual to be inherited: There must be an establishment of death of the individual to be inherited whether the person is confirmed dead or declared dead after the fixed period of search as legislated by Islam in the case of a missing person.
  2. Certainty of life of the Heirs at the point of Death of the inherited Individual: The property of a deceased can only be transferred to the living and legal heir. The heirs must be alive at the time of death of the deceased even if he or she subsequently died before receiving his or her share.
  3. Legitimacy of ownership of the properties by the Deceased: The properties must be legally and fully owned by the deceased.

OBSTACLES (MAWAANI’I) TO RECEIVING INHERITANCE

These are the conditions that can prevent any heir or successor from inheriting anything from the deceased’s property. They are:

  1. Religious difference: This invalidates inheritance between people who are eligible to inherit each other either through blood relation, marriage contract or clientage. The Prophet (ﷺ) said; “A Muslim does not inherit a non-Muslim; neither does a non-Muslim inherit a Muslim”. (Sahih Muslim, Book 11, Hadith 1614). The hadith made us understand that a Muslim is not allowed to inherit members of other faiths likewise members of other faiths cannot inherit a Muslim no matter the relationship or closeness.
  2. Slavery: Slaves do not inherit their relatives and vice versa, because a slave is a property him/herself and he or she is owned and he/she doesn’t have rights to possess a property as what belongs to him belongs to his master.
  3. Homicide: This is a situation where a person kills his relative whom he might inherit if he dies naturally. In this case, he is not entitled to inheritance. For example, a child kills his father. The Prophet (ﷺ) said: “No murderer has the right to inherit the property of the person he killed.”

THE QURANIC SHARES AND SHARERS (AL FURUUDU L MUQADDAROH)

Ashaabul Furuud are recipients who have a fixed shares as mentioned in the Quran. Allah mentioned six (6) shares in the Qur’an in a form of fractions and they are: ½, ¼, ⅛, ⅔, ⅓ and ⅙.

The following provides a clear picture of the fixed shares and their respective sharers in accordance with portions each can get in respective situations:

  1. 1. ½- half is the share of the husband, single daughter, single son’s daughter, full-sister

and paternal- sister under certain conditions.

  1. ¼- a quarter is the share of the husband (in the presence of son(s) and grandson(s)) and wife/wives (in the absence of son(s) or grandson(s)).
  2. ⅛– one-eight is the share of the wife/wives in the presence of son(s) or grandson(s).
  3. ⅔– two-third is the share of two or more daughters, two or more son’s daughters, two or more full sisters and two or more paternal sisters.
  4. ⅓– one-third is the share of the mother and two or more uterine brothers and sisters (in the absence of son(s), grandson(s) or siblings).
  5. ⅙- one sixth is the share of the father, the grandfather, mother, grandmother (from both sides), the son’s daughter, paternal sister and one uterine brother or sister.

NOTE: A sharer may fall under two different categories of shares.

THE HEIRS AND THEIR CLASSSIFICATION

The total numbers of the heirs are twenty-five (25); fifteen (15) males and ten (10) females.

The Male Heirs are:

  1. Son(s)
  2. Grandson(s)
  3. Father
  4. Grandfather
  5. Full brother(s) (brother of same father and mother)
  6. Paternal brother(s) (same father only)
  7. Maternal brother(s) (same mother only)
  8. Son (s) of full brother (s)
  9. Son (s) of paternal brother (s)
  10. Full paternal uncle (s)
  11. Paternal uncle (s) same father
  12. Son (s) of full paternal uncle (s)
  13. Son (s) of half paternal uncle (s)
  14. Husband
  15. Male emancipator (who freed his slave)

The female heirs are:

  1. Daughter (s)
  2. Granddaughter (daughter(s) of son (s))
  3. Mother
  4. Grandmother (mother of mother)
  5. Grandmother (mother of father)
  6. Full sister (s)
  7. Paternal sister (s)
  8. Maternal sister (s)
  9. Wife
  10. Female emancipator (who freed her slave)

PRACTICAL EXAMPLES OF INHERITANCE CALCULATION

  1. Zayd dies leaving behind N1,200,000 to a Wife and two sons.
  2. The wife receives ⅛ of the property i.e. ⅛ ×1,200,000 = N150,000

The remaining property which is N1,050,000 (1,200,000 – 150,000) will be shared between the two sons.

  1. Two sons = 1,050,000÷2 = N525,000. (This is the share for each son).
  2. Ruqoyyah dies leaving behind N480,000 for her Husband, one daughter, two sons and her parents.
  3. Husband = ¼ of 480,000 = N120,000
  4. Parents: Each parent receives ⅙ of N480,000

Mother:⅙×480,000 = N80,000

Father: ⅙×480,000 = N80,000

The remaining property(N200,000) is shared between the children in the proportion of sons receive double of the daughter’s shares.

  1. Daughter = She receives N40,000
  2. Two sons = Each son receives N80,000 each.
  3. Sa’d died and left behind N2,700,000 for a mother, a wife, a son and a daughter.

The share are as follows:

  1. Mother receives ⅙ of the inheritance = ⅙×2,700,000 = N450,000
  2. Wife receives ⅛ of inheritance = ⅛×2,700,000 = N337,500

The remaining property(N1,912,500) is shared between the children in the proportion of sons receive double of the daughter’s shares.

  1. Daughter = She receives N637,500
  2. Son = N1,275,000 (double of the daughter’s share)

CONCLUSION

Islamic law of inheritance is a comprehensive system that ensures fair and just distribution of a deceased’s property. So, by adhering to the principles outlined in the Quran, Hadith and Islamic jurisprudence, Muslims can maintain unity, harmony and social justice among each other. As Muslims, we should learn and understand the fundamental aspects of Inheritance and apply them accurately in order to preserve the rights of the heirs and uphold the values of Islamic law of inheritance.

Inheritance Project Team at Al-Waduud International Academy

Ustadh Ridwan Jumah.

Ustadh Mutīullah Abolarin

Ustadh Ibrahim Jumah.

Ustādhah Adeyemi Islamiyyah.

Ustādhah Hasanah Ejiwumi

Submit a Comment