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﷽
INTRODUCTION TO INHERITANCE
Introduction
When a Muslim die leaving some property behind, the question arises as to how his
property is to be disposed of. The rules regarding inheritance become very important because
Islamic law restricts the power of distribution of property through will. Islam has devised many
systems to avoid concentration of wealth and inheritance is one of them. The Musim law of
inheritance comprises beyond question the most refined and elaborated system of rules for the
devolution of property that is known to civilized world. Nearly all the modern writers have
admired this Muslim system of inheritance for its utility and formal excellence. Even emphasis
is given by the Prophet Muhammad (PBUH) on learning these rules. "Existence of different
schools of law and the further variations which have been introduced into the traditional legal
practice of a given area under the recent process of reform, modern Islamic law, when viewed
on a world-wide basis therefore, is an extremely complex and variegated phenomenon".

Historical Perspective
It is always better to understand the pre-Islamic system of inheritance before looking at
the Islamic rules for inheritance and general rule, with exception of a few, the male agnates had
the entitlement for inheritance and females and cognate were totally excluded. Even among
agnates some had preferential right of inheritance, such as, the descendants were preferred over
ascendants and when more male agnates then one was equally distant to the deceased, they
used to go for per capita distribution among them.

Definition
Inheritance is called Ilm-ul-Faraid (‫)علم الفرائض‬. which literally means
to appoint,
to reveal,
to give something free of cost.
Technically ilm-ul-Faraiz is defined as:
‫ھو علم باصول من فقہ و حساب یعرف بھا حق کل واحد من الورثۃ من الترکۃ‬
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To know the principles of fiqh and mathematics by which the right of every heir is
known in the inheritance of the deceased.

Sources
There are only three sources of inheritance, i.e. Quran Sunnah & Ijma(consensus)

Definitions of terms
WORDS = SHARES
Spouse With children, he gets ¼ and without any child how low soever ½.
Husband &
Her share is 1/8 with children and ¼ without any child. If there are more
Wife than one wives, they all collectively get 1/8 or 1/4 as the case may be.
Father Where child how low soever is present 1/6, with no male descendant he
gets 1/6 plus the residue and in case of no descendant who is entitled to
inherit, he gets the residue.
Mothers In the presence of children or brother/sister (full, consanguine or
uterine) she gets 1/6, in case of nobody i.e. children, brother/s, sister/s,
father and spouse her share is 1/3 and where father, spouse, brother or
sister exist, she gets 1/3 of residue.
( ، ‫ پھوپھی‬/ ‫چچا‬ They include brother/s and sister/s of both father and mother and are
only entitled to inherit in the absence of all sharers including
‫ ماموں‬/ ‫)خالہ‬
grandparents. However, when they get share the ratio among uncle and
Uncles/Aunts aunt is 2:1 respectively.
Daughter/s With the presence of son she gets ½ of the son. Where there is only one
daughter and no son, she gets ½ of whole property and if there is more
than one daughter with no son the 2/3 of whole is divided equally
among them.
Son's Daughter She gets ½ when, there is no daughter/son and no son's son, while in the
same situation if they are more than one, they share 2/3 equally among
them, however, with son's son she becomes residuary.
Son's Son's She is only entitled to inherit when there is no son/daughter, son's
son/daughter or son's son's son. But, where she inherits, her share is ½
Daughter
(or 2/3 collectively if two or more). However, when there is only one
(‫)پوتے کی بیٹی‬ daughter or son's daughter, she (single or more, collectively) takes 1/6.
Full Sister She can only get share in cases where no child how low soever and no
father, true grandparent how high soever and full brother are present.
She gets ½ and full sisters will get 2/3 collectively, while in the presence
of full brother, she becomes residuary. This becomes more complicated
where, female entitled descendant exists with no full brother, then the
full sister gets 1/6 and in case of more than one, they get 1/3 collectively.
Definition Where there is no descendant (child or
child of a son) or ascendant (father or true
(‫)اخیافی بہن بھائی‬ A brother/sister who is
grandfather) who can inherit and there is
from one mother but his only one uterine brother or sister then 1/6
is given to him or her, while in case of
father is different.
more than one of such brothers and
sisters, they all will get 1/3 collectively.
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Uterine However, in the presence of full brother/s

or sister/s, these get share in residue.
Brother/Sister

‫عالتی بہن‬ Definition :Same father, different mother.

Consanguine She is only entitled to inherit where there is no child, no son's son and
Sister father and no full brother/sister, true grandfather and no consanguine
brother and her share is ½ (in case of two or more, they collectively
inherit 2/3). However, if there is only one full sister, she gets 1/6, with
consanguine brother she becomes residuary.
Nephews/Nieces They are children of brother/s and sister/s and only get share in the
absence of brother & sisters along with all other nearer heirs of first
category. The ratio of distribution is the same for male & female i.e.
1:2.
‫جد صحیح‬ Definition: He is the one whose chain of connection with the deceased
is not interrupted by a female between two males.
True
He is only entitled to inherit where there is no father or nearer true
Grandfather
grandfather and his share is 1/6 where male descendant (how low
soever) is present, while in the absence of any male descendant he
inherits as a residuary.
‫جدۃ صحیحۃ‬ Definition: She is the one whose chain of connection with the deceased
is not interrupted by a male between two females.
True
She only gets where there is no father or mother or nearer true
Grandmother grandfather, her share is 1/6 (either one or more).
‫جد فاسد‬ He is the one whose chain
of connection with the
‫نانا‬
deceased not interrupted
by a female between two
males.
A woman who has a
maternal grandfather's
‫جدۃ فاسدۃ‬
connection with the
‫نانی‬ deceased.
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(‫ )ترکہ‬property Every property that is owned by the deceased at the time of his death
left by and the right of no one else is related to his right. (Owner ship, co-
sharer)
deceased:
‫الفرائض‬ The parts which are prescribed by the Shari'ah for different heritage
The Sharers are called: fraid. (‫)فرائض‬
And those for whom portions have been appointed are called: Ashaab-
ul-faraid. (‫)اصحاب الفرائض‬

Tashbeeb A man did not inherit by himself, but in the presence of another heir
‫تشبیب‬ he became an heir. For example, if the deceased has daughters and
granddaughters, the granddaughters will not get anything, but if the
grandson is, the granddaughters will also get the inheritance.

‫ عصبات‬/ ‫عصبۃ‬ They get all the wealth left over from ashab-al-Faruz, if there is no heir
The Residuaries from ashab-ul-Faruz, then these people are entitled to all the wealth.
Like son, brother.

‫اصحاب الرد‬

Explanation
There are five heirs who are always entitled to some share i.e.
(a) child (son/daughter), (b) mother (c) father, (d) wife, (e) husband.
They can be termed as, primary heirs.
Next to these are three i.e.:
(a) child of a son how low soever,
(b) true grandfather how high soever, and
(c) true grandmother how high soever.
which are substitutes of primary heirs. However, husband and wife have no substitute. The
right of substitutes is governed by following rules1:
a) No substitute is entitled to succeed as long as, there is the corresponding primary heir;
b) The child of a son how low soever is always entitled to succeed, when there is no child;
c) The true grandfather is always entitled to succeed, when there is no father, and
d) All relations who are excluded by primary heirs are also excluded by their substitute.

Quranic Interpretation
However, the Holy Quran does not expressly state the shares of male agnatic relatives
as sach, although it does enact that the share of male is twice of that of a female, as Sunni jurists

1
DF Mullah, Muhammadan Law p-80
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take the view that the intention of Quranic Injunctions was not to completely replace old
customary agnatic system, but merely to modify it with the objective of improving the position
of female relatives. It is in contemplation of that context, therefore, that Sunni Law is an
amalgamation of the Quranic law superimposed upon the old customary law to form a complete
and cohesive system. On the contrary Shias took different view and based their system of
inheritance on Quranic injunctions, while entirely neglecting the old customary laws. Thus the
Islamic law of inheritance rests basically upon the recognition of two distinct categories of
legal heirs-the male agnates (‫)عصبہ‬, the heirs of the tribal customary law, and the new Quranic
heirs who are entitled to a prescribed portion ("ahl al-furaiz” “‫)”اھل الفرائض‬. The law of
inheritance is available in many verses of Holy Quran, including:

“Allah (thus) directs you as regards your ‫اَّلل ِفي أَ ْو ََل ِد ُكم ِلل هذ َكرِ ِم ْث ُل َح ِظ‬
ُ ‫يك ُم ه‬
ِ ‫﴿ي‬
ُ ‫وص‬ ُ
children’s (inheritance): to the male a ْ
portion equal to that of two females: ‫ْاْلُ ْن َثيي ِن‬
َْ
if only daughters two or more their share is
‫َفإ ِْن ُك هن ِن َس ًاء َف ْو َق ا ْث َن َتي ِن َف َل ُه هن ثُ ُلثَا َما َتر َك‬
two-thirds of the inheritance; َ ْ
if only one her share is a half. ِ ‫اح َد ًة َف َلها‬
ِ ‫وإ ِْن َكا َن ْت و‬
‫الن ْص ُف‬ َ َ َ
For parents a sixth share of the inheritance
َ ‫الس ُد ُس ِم هما َت َر َك إ ِْن َك‬
‫ان‬ ِ ٍ ِ ِ ِ َ ِ‫و‬
to each if the deceased left children;
ُّ ‫ْل َب َو ْيه ل ُك ِل َواحد م ْن ُه َما‬ َ
if no children and the parents are the (only) ‫َل ُه َو َل ٌد‬
heirs the mother has a third;
‫ث‬ُ ‫َفإ ِْن َل ْم َي ُك ْن َل ُه َو َل ٌد َو َورِ َث ُه أَ َب َو ُاه َف ِِل ُِم ِه ال ُّث ُل‬
if the deceased left brothers (or sisters) the
mother has a sixth. (The distribution in all ‫الس ُد ُس ِم ْن َب ْع ِد َو ِصي ٍة‬ ِِ ِ
ُّ ‫ان َل ُه إ ِْخ َوةٌ َفِلُمه‬
َ ‫َفإ ِْن َك‬
cases is) after the payment of legacies and ‫ه‬
‫وصي ب َِها أَ ْو َد ْي ٍن‬ِ ‫ي‬
debts. ُ
Ye know not whether your parents or your
children are nearest to you in benefit.
‫ون أَ ُّي ُهم أَ ْقر ُب َل ُكم َن ْف ًعا‬‫آباؤكم وأَبناؤكم َل تدر‬
These are settled portions ordained by God
ْ َ ْ َ ُ َْ َ ُْ ُ َْ َ ُْ ُ َ
and God is All-Knowing All-Wise”.
2 ِ ِ َ ‫اَّلل َك‬ ِ ‫يض ًة ِمن ه‬
﴾‫يما‬
ً ‫يما َحك‬
ً ‫ان َعل‬ َ ‫اَّلل ِإ هن ه‬ َ َ ِ‫َفر‬

2
Surah Al-Nisa 11
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In what your wives leave your share is a ‫اج ُكم إ ِْن َلم َي ُك ْن َل ُه هن‬ ‫﴿ولكم ِنصف ما ترك أَزو‬
half if they leave no child; ْ ْ ُ َ ْ َ ََ َ ُ ْ ُْ َ َ
‫َو َل ٌد‬
but if they leave a child ye get a fourth; after ‫الر ُب ُع ِم هما َتر ْك َن ِم ْن َب ْع ِد‬
ُّ ‫ان َل ُه هن َو َل ٌد َف َل ُك ُم‬
َ ‫َفإ ِْن َك‬
payment of legacies and debts. In what ye
َ
‫الر ُب ُع ِم هما َتر ْك ُتم إ ِْن‬ َ ِ ٍ ِ
leave their share is a fourth if ye leave no ْ َ ُّ ‫ين ب َِها أ ْو َد ْي ٍن َو َل ُه هن‬ َ ‫َوص هية ُيوص‬
child; ‫َلم َي ُك ْن َل ُكم َو َل ٌد‬
ْ ْ
but if ye leave a child they get an eighth; ‫ان َل ُكم َو َل ٌد َف َل ُه هن الثُّ ُم ُن ِم هما َتر ْك ُتم ِم ْن َب ْع ِد‬ ‫فإِن ك‬
after payment of legacies and debts. ْ َ ْ َ َ ْ َ
‫ون ب َِها أَ ْو َد ْي ٍن‬
َ ‫وص‬ ٍ ِ
ُ ‫َوص هية ُت‬
If the man or woman whose inheritance is in ‫ث َك ََل َل ًة أَ ِو ْامرأَ ٌة َو َل ُه أَ ٌخ أَ ْو‬ُ ‫ور‬
َ ‫ان َر ُج ٌل ُي‬ َ ‫َوإ ِْن َك‬
question has left neither ascendants nor َ
‫الس ُد ُس‬ ِ ٍ ِ ِ ٌ ‫أُ ْخ‬
descendants but has left a brother or a sister ُّ ‫ت َفل ُك ِل َواحد م ْن ُه َما‬
each one of the two gets a sixth;
but if more than two they share in a third; ‫ث ِم ْن‬
ِ ‫َفإ ِْن َكا ُنوا أَ ْك َثر ِمن َذ ِل َك َفهم ُشر َكاء ِفي ال ُّث ُل‬
ُ َ ُْ ْ َ
after payment of legacies and debts; ٍ ِ ِ
‫وصى ب َِها أَ ْو َد ْي ٍن‬
َ ‫َب ْعد َوص هية ُي‬
so that no loss is caused (to anyone).
Thus is it ordained by God and God is All- ِ ‫َغير م َض ٍار و ِصي ًة ِمن ه‬
3﴾ ‫اَّلل َع ِليم َح ِليم‬
ُ ‫اَّلل َو ه‬ َ ‫َ ه‬ ُ َْ
Knowing Most Forbearing. ٌ ٌ

They ask thee for a legal decision. Say: God ‫يكم ِفي ا ْل َك ََل َل ِة‬ ‫﴿يستفتونك قل اَّلل يف ِت‬
directs (thus) about those who leave no ْ ُ ُْ ُ‫َ ْ َْ ُ َ َ ُ ِ ه‬
descendants or ascendants as heirs.
If it is a man that dies leaving a sister but no
child she shall have half the inheritance:
‫ت َف َل َها ِن ْص ُف‬
ٌ ‫إ ِِن ْام ُر ٌؤ َه َل َك َل ْي َس َل ُه َو َل ٌد َو َل ُه أُ ْخ‬
‫َما َتر َك‬
if (such a deceased was) a woman who left َ
no child her brother takes her inheritance: ‫َو ُه َو َيرِ ثُ َها إ ِْن َلم َي ُك ْن َل َها َو َل ٌد‬
ْ
if there are two sisters they shall have two-
thirds of the inheritance (between them): ‫ان ِم هما َتر َك‬
ِ َ‫َفإ ِْن َكا َن َتا ا ْث َن َتي ِن َف َلهما الثُّ ُلث‬
َ ُ
َ ْ
if there are brothers and sisters (they share)
the male having twice the share of the ‫َوإ ِْن َكا ُنوا إ ِْخ َو ًة رِ َج ًاَل َو ِن َس ًاء‬
female. ‫َف ِلل هذ َكرِ ِم ْث ُل َح ِظ ْاْلُ ْنثَيي ِن‬
Thus doth God make clear to you (His law) َْ
lest ye err. And God hath knowledge of all
4﴾ ‫ِك ِل َشي ٍء َع ِليم‬ ‫اَّلل َل ُكم أَ ْن َت ِضلُّوا َو ه‬
ُ ‫اَّلل ب‬ ‫يبي ُِن ه‬
things. ٌ ْ ُ ْ ُ َُ

3
Surah Al-Nisa 12
4
Surah Al-Nisa 176
 Page |7

Elements of inheritance
The main elements of inheritance are
a) deceased (moa'ris) (‫)مؤ ِّرث‬
b) legal heir (waris) (‫ )وارث‬and
c) property left by deceased (tark'a / ‫)ترکہ‬.

These three elements must co-exist for the application of rules of inheritance. At the
time of death of deceased, the respective shares of heirs automatically devolve into them;
however the actual distribution takes place later. The distinction between ancestral and self-
acquired property is neither recognized in Sunni law or in Shis law, except in the cases of
a) childless widow and b) eldest son.
The reasons (asbab) due to which a person becomes entitled to inheritance are:
a. consanguinity (blood relation with the deceased);
The blood relations include:
(a) descendants (children and their children how long soever),
(b) ascendants (parents and their parents how high soever) and
(c) collaterals (brothers and sisters).
b. affinity (zo'jiat or marriage);
c. slavery (moallat-not applicable now).
For entitlement through zo'jiat valid marriage must be existing between
deceased and the spouse, at the time of death of deceased. However, existence of waris
at the time of death of mou'ris along with absence of impediments to inheritance, are
few other conditions for the entitlement and distribution of heritable property.
After death of a Muslim, following financial obligations are deducted at priority from
the leftover estate;
1- Funeral expenses
2- Debt
3- Payment of charges (if any) such as hospital bills and alike accrued during last days;
4- Execution of bequest (will).
Once above are satisfied, the question arises who are legal heirs of deceased and to
what extent they will inherit. For this purpose, we will have to look into the classes of heirs.
 Page |8

Classification of Heirs
Legal Heirs have been classified into following:
(a) Sharers; (b) Residuaries; (c) Distant kindred.
a) Sharers
The Holy Quran mentions nine persons as sharers; ( they include: Mother, Father, Husband,
Wife, Daughter, Full Sister, Uterine sister, Consanguine sister & Uterine brother), whereas
three more have been by analogy (Qiyas) which make them twelve in number. These are 1)
maternal grandmother, 2) paternal grandfather and 3) agnatic granddaughter. These all are
collectively termed as, 'Quranic Heirs. They get fixed shares and rest of the estate is distributed
among residuaries. Out of these twelve, four are termed as, ‘primary heirs’ as they are never
excluded (except presence of Shari' impediment) from inheritance. They include; a) mother &
father; b) spouse, c) son5 and d) daughter.
Different jurists have discussed several rules for the exclusion of one heir in the presence
of other.
After allocating respective shares to each sharer, sometimes a residue (al-rudd) is left
without any residuary, in such a case the same is distributed back among the sharers in
proportion to their respective shares, on the other hand a situation may arise, where the fixed
shares of sharers are more than unity. In such a case, the respective share of each sharer is
reduced proportionally (Doctrine of Al-Awl).
b) Residuaries
Those who take no prescribed share, but succeed to the residue left once the claims of
sharers are satisfied, are termed as 'residuaries', they include:
(a) Descendants; (b) Ascendants;
(c) Descendants of father i.e. full brother/s and sister/s, consanguine brother/s and sister/s;
(d) Descendants of true grandfather i.e. paternal uncle/s and aunt/s, etc.
c) Distant Kindred

They are a group of potential heirs relating to the class of cognate relatives. They are all
those relations by blood who are neither sharers nor residuaries and are only entitled to inherit
when there are no sharers and residuaries to get the estate6.

Once a Muslim is dead, three questions arise:

5
Although son is not mentioned in ther list of twelve, but when he is present few are automatically excluded.
6
Qamar-ul-Bashir vs Ghous Khan & Others 2007 MLD 800.
 Page |9

(a) who are possible successors,

(For determining these, all rules regarding sharers, residuaries and distant kindred are kept in mind
along with acknowledged kinsman and universal legatee, thus a lengthy list is prepared.)

(b) among these possible heirs, who are the actual ones, entitled to inherit; and

(Now rules of exclusion and nearer excludes farer are applied to narrow down the number of possible
heirs to actual ones)
(c) what are the shares of each actual heir?

After going through above it becomes clear that following rules are devised:

1. The heirs can be classified into first category heirs and second category heirs.

In the first category following are included:

a) Spouse i.e. husband and wife/s;

b) Children including son/s and daughter/s;

c) Parents i.e. father and mother

d) Grandchildren i.e. son's son and son's daughter only, only where the son is already dead7.

While the second category of heirs include following:

(1) Grandparents i.e. both paternal and maternal

(2) Brother/s and sister/s, only where there is no father and son;

(3) Uncle/s and aunt/s, only where grandparents of either kind missing;

(4) Nephew/s and niece/s, only when brother/s and sister/s are absent.

7
Section 4, MFLO 1961 states: Succession: in the event of death of any son or daughter of the propositus
before the opening of succession, the children of such son or daughter, if any, living at the time the succession
opens, shall per stripes, receive a share equivalent to the share which such son or daughter, as the case may be,
would have received if alive.
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Comparative Study of Different Schools

As a general rule a non-Muslim cannot be heir of a Muslim, however, whether a Muslim
can inherit from a non-Muslim is a question which has divergent views.
According to Malikis and Hanbalis, non-Muslims of different religions cannot become heirs of
each other, so a Jew cannot inherit from a Christian and vice versa. Shias, Hanafis and Shafais
have opposite view as they allow them. However, Shias impose one condition in this regard
that there must be no Muslim heir of such non-Muslim, as in such a case whole property will
be inherited by the Muslim heir.
In case of only daughter, Shias give her whole, while Hanafis, Malikis, Shafais and
Hanbalis allocate her half and other half goes to nearest male relative.
Generally Shias believe in nearer in blood excludes farer, whereas others do not.
According to Hanafis, Hanbalis, Shafais and Malikis, brothers and sisters will only get
inheritance in absence of son and father and will share with mother and daughters of the
deceased, whereas, Shias make them eligible for inheritance where parents, children (of either
sex) and grandchildren (of either sex) are not present.