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Establishing Islamic inheritance laws is one of the pillars of social justice in Islam. Al-Wirasat simplifies the complex calculation process, ensuring every heir gets their divinely ordained share accurately.
Explore answers to common questions regarding Faraid, Mirath, and Sharia-compliant estate planning.
Islamic inheritance law, known as Faraid or Mirath, is the divine system of distributing a deceased Muslim's wealth among their rightful heirs as prescribed in the Holy Quran (Surah An-Nisa). It ensures justice, protects the rights of vulnerable family members like widows and orphans, and prevents family disputes. Unlike civil laws, these fixed shares cannot be changed by human discretion.
In Islamic inheritance, there are six primary heirs who are never excluded from receiving a share if they survive the deceased: the husband, the wife, the father, the mother, the son, and the daughter. Their specific shares vary depending on the presence of other relatives, such as children or siblings.
A wife's share in Islamic inheritance depends on whether the deceased husband had children. If he had children (sons or daughters), the wife inherits 1/8th of the estate. If he had no children, her share increases to 1/4th. If there are multiple wives, they share this 1/8th or 1/4th fraction equally among themselves.
In Islamic law, a male's share is often twice that of a female of the same degree (like a son and a daughter) because men carry the absolute financial responsibility for the family (Nafaqah). A woman's wealth is entirely her own to keep; she is not religiously obligated to spend it on her household, husband, or children, whereas the man must use his wealth to provide for them.
Before any wealth is distributed to heirs, four obligations must be met strictly in this order: 1) Payment of funeral and burial expenses. 2) Settlement of all debts (including unmet religious obligations like unpaid Zakat or Hajj). 3) Execution of the deceased's Will (Wasiyyah), which cannot exceed 1/3rd of the remaining estate. 4) Finally, the distribution of the remaining estate among the rightful Faraid heirs.
Mirath (Inheritance) refers to the fixed, mandatory shares allocated by Allah to specific relatives. Wasiyyah (Will) is a voluntary bequest the deceased makes during their lifetime to non-heirs (like charities, adopted children, or distant relatives). A Wasiyyah cannot exceed one-third (1/3) of the total estate after debts, and cannot be given to someone who is already a Faraid heir.
No. Parents are primary heirs in Islam and can never be entirely disinherited. Even if the deceased leaves behind children and a spouse, both the mother and the father are guaranteed a minimum share of 1/6th each from the estate according to Quranic injunctions.
Under strict Islamic law, an adopted child does not automatically inherit through the Faraid system because inheritance is based on blood lineage and marriage. However, Islam highly encourages caring for orphans, and a person can leave up to one-third (1/3) of their wealth to an adopted child through a Wasiyyah (Will).
Al-Awl (Proportional Reduction) is a mathematical rule applied when the total sum of the Quranic fixed shares exceeds the total estate (i.e., the fractions add up to more than 1). To ensure everyone gets a share, the base denominator is increased, which proportionally reduces every heir's share justly.
Ar-Radd (The Return) is the opposite of Awl. It occurs when all Quranic fixed shares have been distributed, there are no Asabah (residuary male heirs) to take the remainder, and wealth is left over. This remaining wealth is 'returned' or redistributed proportionately among the existing fixed-share heirs (excluding spouses in most fiqh schools).
If a person dies leaving daughters but no sons, the daughters receive their fixed Quranic shares (1/2 for a single daughter, 2/3 shared among multiple daughters). The remaining wealth does not go to them; it goes to the residuary heirs (Asabah), such as the deceased's father, brothers, or paternal uncles.
Wealth given away while a person is alive, healthy, and of sound mind is considered a 'Hiba' (Gift), not inheritance. A person can gift their property however they wish during their lifetime, though Islam encourages treating all children equally in gifts. Inheritance only applies to wealth left behind after death.
Al-Asabah refers to the residuary heirs, usually male relatives on the father's side (like sons, fathers, brothers, or paternal uncles). They do not have a fixed fractional share. Instead, they inherit whatever wealth remains after the fixed-share heirs (Ashab al-Furud) have taken their allocated portions.
Kalala is a specific inheritance scenario mentioned in Surah An-Nisa. It refers to a deceased person who leaves behind neither descendants (children/grandchildren) nor ascendants (parents/grandparents). In a Kalala case, the inheritance goes laterally to the deceased's siblings.
In Islam, only the specific percentage owned by the deceased in a joint property becomes part of their inheritable estate. For example, if a husband and wife each own 50% of a house, only the deceased husband's 50% is distributed among his heirs; the wife retains her original 50% plus her inheritance share from his half.
According to the majority of Islamic scholars based on authentic Hadith, a Muslim cannot inherit from a non-Muslim, and a non-Muslim cannot inherit from a Muslim via the mandatory Faraid system. However, a Muslim can leave a bequest (Wasiyyah) of up to 1/3 of their estate to non-Muslim relatives or charities.
A woman's personal gold, jewelry, and Mahr (dowry) are her exclusive property. Upon her death, they become part of her total estate and must be divided among her rightful Islamic heirs (husband, children, parents) according to the Faraid fractions, just like cash or real estate.
A fundamental rule in Islamic jurisprudence is that a murderer cannot inherit from their victim. If an heir intentionally or unjustifiably causes the death of the person from whom they would inherit, they are completely excluded from the inheritance.
Traditional commercial life insurance is a debated topic, but if a payout is received, most scholars rule that only the premiums actively paid by the deceased are part of the inheritable estate. Any excess amount is not subject to Faraid and should ideally be given to charity, though viewpoints vary by Madhab.
Maternal siblings (sharing the same mother but different fathers) inherit fixed Quranic shares (1/6 for one, 1/3 for multiple). Paternal siblings (same father, different mothers) and full siblings are treated as residuary heirs. Stepchildren do not inherit from stepparents.
Debt repayment is the highest financial priority. All assets must go toward paying debts first. If the debts exceed the total value of the estate, the heirs receive nothing. However, the heirs are not personally liable to pay the deceased's debts from their own pockets unless they choose to do so voluntarily.
Yes, once an heir officially becomes the owner of their Islamic share after the person's death, they have full rights over it. They can choose to waive, gift, or redistribute their share to other poorer family members or charity. This is a personal charitable act after taking possession.
Our Al Wirasat Islamic inheritance calculator uses a complex algorithmic engine based on authentic Fiqh rules. Users input surviving relatives, and the system instantly applies Quranic fractions, checks for Hajb (exclusion errors), and calculates exact percentages and fractional shares for every legal heir.
The executor (Wasi) is a trustworthy person appointed by the deceased to manage their estate. Their duty is to arrange the funeral, pay off debts, distribute the 1/3 Wasiyyah (will) to the specified recipients, and hand over the remaining assets to the heirs according to Sharia law.
While the Faraid shares are fixed by Allah, writing a will is essential to document your assets, appoint a guardian for minor children, declare debts so they can be paid, and utilize your 1/3 Wasiyyah right for charities or non-heirs. In non-Muslim countries, an Islamic will is legally necessary to ensure your wealth is distributed by Sharia.