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Basic Principles Underlying the Division of Estate Under Islamic Law

The following is an understanding of Inheritance Issues under Islamic Law. Clients should not rely solely on these guidelines, but should seek advice from a Shariah Scholar for their specific situations.

Under Islamic Law, a testator may dispose only one third of his or her estate by will. The rest must be divided among the heirs in accordance with the rules of faraid (forced heirship prescribed portions):
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	●	A son inherits a share equivalent to that of two daughters. This faraid principle which the Quran first lays down refers to males and females of equal degree and class.
	●	If there are only daughters, two or more are to share two thirds of the estate; if there is only one daughter,she receives one half.
	●	Parents, both mother and father, are each entitled to one sixth, if the deceased have children, but if there are no children, and the mother is the only heir, then the mother receives one third. However if the deceased left brothers and sisters, the mother receives one sixth.
	●	A husband is entitled to a half share of his wife’s estate, if there are no children; if there are children, the husband’s share is one quarter.
	●	A wife is entitled to one quarter share of her husband’s estate if there are no children; if there are children, she receives one eighth.
	●	If the deceased has left neither ascendants nor descendants, but has a brother and/or a sister who survive him, each gets one sixth, but this is subject to a maximum cap of one third of the estate. In other words, if there are more than two surviving siblings, they all share in a third of the estate.

The above lay down the basic principles for the division of the estate. The heirs when entitled are given their fixed shares and the remaining estate is inherited by the residuaries.

Certain heirs referred to as primary heirs are always entitled to a share of the inheritance, they are never totally excluded. These primary heirs consist of the surviving spouse, both the parents, the son and the daughter. All remaining heirs can be totally excluded by the presence of other heirs.

If there is any residue left after the sharers have received their share, and there is no one entitled to it, then, according to some jurists, this residue is to be divided proportionately between the sharers as long as it does not contravene the Quran.

Sources :

●  Islamic Law And Society, An Introduction, Jamila Hussain, 1999
●  Muslim Family Law, Third Edition, David Pearl and Werner Menski, 1998
●  Islamic Banking & Finance In South-East Asia, Its Development & Future, 2nd Edition, Angelo M
    Venardos, 2006