Law - Family
· Inheritance for Muslim relatives is
an obligation. It is prevented in the following conditions: unbelief, when the
heir kills the inherited person, and committing the sin of adultery.
The heirs who are bound to receive
their share of the inheritance are the husband or wife, father and mother,
grandmother, grandfather and upward, sons and daughters, grandchildren through
the son, brother and sister, nephews through the brother, paternal uncle and
· Males take double the share of
females, if they are in the same degree of relation.
· Universal heir: is someone who
inherits all the inheritance if he is the only one to inherit, or takes what
remains after the heirs deserving obligatory shares have taken their dues.
However, it is prohibited for him to inherit if nothing remains after the
Universal heirs are divided into:
a) Universal heir by oneself such as the father, grandfather, son, full
or paternal brother and the sons of any, full paternal uncle or paternal uncle
of the grandfather and the sons of any.
b) Universal heirs as related to one another that is, every female
related to a male universal heir of the same degree inherits with him such as a
daughter and son.
c) Universal heir with another, is that every female becomes a universal
heir with another female universal heir, like the sister with the daughter.
· Those heirs whose shares are
eliminated by others: the existence of some heirs prevents others partially or
totally from inheritance.
Obligatory shares mentioned in the Qur’an
One-half: for the husband if his
wife has no children. A sister if she is the only heir of her brother. A
daughter if she is the only heir of the father. A mother if she is the only heir
of her son or grandson.
One-fourth: for the husband if his
wife has children; for a wife or wives if the inherited husband has neither sons
One-eighth: for the wife or wives if
the inherited husband has a son or sons.
means: “There is a share for men and a share for women from what is left
by parents and those nearest related, whether, the property be small or
large - a legal share.” (4, An-Nisa’: 7)
11 - 12)
means: “Allah 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 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 Allah. And Allah is Ever AllKnower,
AllWise. 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
lagacies he (or she) may have bequeathed or debts, so that no loss is caused
(to anyone). This is a Commandment from Allah; and Allah is Ever AllKnowing,
MostForbearing.” (4, An-Nisa’:11 - 12)