There is an area of Islamic Shari’ah called al-Farā’id. Literally this translates as ‘the obligations’, though it is used specifically as an Islamic term to denote the subject area of Islamic inheritance. This is an extremely important aspect of our religion, though its significance is sometimes neglected by Muslims. In short, the system ensures that wealth is distributed properly, transparently and justly. This subsequently lessens the chances of confusion and disputes amongst family members when a Muslim passes away. It looks after the rights of women, children and the larger community.
Most importantly, it is a form of worship that is richly rewarded by Allah Almighty.
When a person dies, then two-thirds of his wealth is distributed according to Islamic Shariah
to his family. This is called the al-Farā’id. The ten males that inherit are:
a. A son.
b. A son of a son, and lower.
c. A father.
d. A paternal grandfather and higher.
e. A brother.
f. A son of a brother.
g. A paternal uncle.
h. A son of a paternal uncle.
i. A husband
j. A master who sets his slave free.
a. A daughter.
b. A daughter of a son.
c. A mother.
d. A grandmother.
e. A sister.
f. A wife.
g. A female master (mistress) who sets her slave free.
a. A half.
b. A quarter.
c. An eighth.
d. Two-thirds.
e. A third.
f. A sixth.
As a general guideline, the following indicates how much share each family member can
expect to receive from al-Farā’id.
a. Sons and Daughters
-If there are sons and daughters, the share of a son is equal to the share of two daughters.
-If there are only daughters, even if more than two, they collectively receive two-thirds of the
inheritance.
-If there is only one daughter, she receives half of the inheritance.
b. Parents
-Each parent is entitled to one-sixth of the inheritance if the deceased has children.
-Each parent is entitled to one-third of the inheritance if the deceased has no children.
c. Husbands
-If the husband had no children, his wife will be entitled one forth.
-If the husband had children, his wife will be entitled one-eighth.
d. Wives
-If the wife had no children, the husband receives half of the inheritance.
-If the wife had children, the husband receives one-fourth.
e. Common Scenario
-In a situation where the deceased has neither parents nor children but has a brother or sister
through a common mother, each of them is entitled to one-sixth.
The remaining one-third of a Muslim’s wealth is al-Wasiyya. This literally means ‘to bequeath’.
In Shari’ah, it refers to how a Muslim can decide during his lifetime where he wants that
wealth to spent on. This could be bequeathed, for example, to a hospital, educational project
or university.
The Prophet (peace and blessings of Allah be upon him) not only encouraged us to write a
Wasiyya, but he instructed us to continuously check and edit it. In one famous hadith reported
by Imam Ibn Majah, he (peace and blessings of Allah be upon him) said that a Muslim should
not endure two nights without checking his Wasiyya.
Jabir ibn Abd Allah (may Allah be pleased with him) reports that the Prophet (peace and
blessings of Allah be upon him) said:
ُقي و شهادة و مات مغفورا له
من مات علي وصية مات علي سبيل و سنة و مات علي ت
‘Whosoever dies having written a Wasiyya, then he has died on the path [of Allah], upon the
Sunna, upon piety and upon the testimony [of faith[. And he also dies forgiven.’ (Sunan Ibn
Majah, IV: 9).
The system is perfect and excellent. It makes sure that family members are looked after fairly.
Moreover, it allows Muslims choice and freedom to leave wealth behind to someone special to
them (that may not be a family member).
As for the fact that women get half the share of men, this is also just and fair. When a woman
receives inheritance, then this wealth is hers and she has no financial responsibilities to
others. On the other hand, when a man receives inheritance, then he is obliged to spend this
caring for other family members. Hence the larger amount for men.
*In Hanafi fiqh, to leave behind a Wasiyya is mustahabb. In this country, it is strongly
encouraged. This is because without it, the inheritance is distributed according to non-Muslim
laws.
*You cannot give Wasiyya to someone who is set to inherit anyone, by virtue of being a family
member.
*Wasiyya cannot be more than one third of one’s wealth.
*The Wasiyya comes into effect after death not before.
*If a person leaves a Wasiyya behind for someone who is later found responsible for his death,
then he will not inherit from him at all.
*If a person makes a Wasiyya but he has an outstanding debt, then the wealth will go towards
paying the debt, not the Wasiyya.
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