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How does Islamic inheritance work?

At Tenerife 2022 241 - Simon Bolivar monument in Garachico
Photo: Photograph by Mike Peel ( www.mikepeel.net )., CC BY-SA 4.0 via Wikimedia Commons

In most cases, an Islamic inheritance follows fixed shares set in the Quran for close relatives. First funeral costs, debts and any bequest (up to one third) are paid. The rest goes to heirs such as the spouse, children and parents in set fractions. The exact shares depend on who survives, so ask a scholar to calculate them for your family.

What comes first

Before any shares are given out, the estate pays for the funeral, then debts, then any bequest in the will. The Quran repeats this order for every share: "after the fulfilment of bequests and debts" (Quran 4:11). A bequest can be at most one third, and it cannot go to someone who is already an heir.

The main shares

Here is the Quranic picture in simple terms:

  • Husband: one half if the wife had no children, one quarter if she did.
  • Wife (or wives sharing): one quarter if there are no children, one eighth if there are.
  • Each parent: one sixth if the person left children. If there are no children and only the parents inherit, the mother gets one third.
  • Children: a son receives twice the share of a daughter. A single daughter gets one half, and two or more daughters with no sons share two thirds.
  • Siblings: they inherit mainly when the person left neither children nor parents (Quran 4:12, 4:176).
وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَٰجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ ۚ فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكْنَ "You will inherit half of what your wives leave if they are childless. But if they have children, then [your share is] one-fourth of the estate." Quran 4:12

When the fixed shares do not use up the whole estate, the remainder goes to the closest male relative (Sahih al-Bukhari 6746). Because details change with each family, a scholar can give a precise answer. For how this fits into a will, see Do I have to follow Islamic inheritance rules in my will?

A simple example

Imagine a man dies leaving a wife, a son and a daughter, and his parents are no longer alive. After debts, the estate is $240,000. The wife gets one eighth ($30,000). The remaining $210,000 is split in the ratio of two to one: $140,000 for the son and $70,000 for the daughter. This is only an illustration. If his parents were alive, they would also receive a share.

Who does not inherit

The Prophet ﷺ said that a Muslim cannot inherit from a non-Muslim, nor a non-Muslim from a Muslim (Sahih al-Bukhari 6764). This often affects converts with non-Muslim parents, and scholars discuss several nuances. See Can I inherit from my non-Muslim parents as a Muslim? The shares also apply only after debts. See What happens if a Muslim dies in debt?

If you want to understand why sons receive more, see Why do sons inherit more than daughters in Islam?

Key points
  • Funeral costs, debts and bequests come first (Quran 4:11).
  • Spouses, children and parents receive fixed shares (Quran 4:11-12).
  • Religion differences can block inheritance (Sahih al-Bukhari 6764).
  • Ask a scholar to calculate; it depends on who survives.
Tip: Draw a simple family tree of your closest relatives and take it to an imam or Islamic estate planner. It makes the calculation much faster.

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