Understanding Islamic Inheritance Laws.
Inheritance laws in Islam, also known as “Faraid,” are comprehensive and divinely ordained, meticulously detailed in the Quran and Hadith.
These laws reflect the Islamic principles of justice, equity, and responsibility.
The Islamic inheritance system ensures that wealth is distributed fairly among family members, preventing disputes and fostering harmony within the family structure.
This article delves deeply into the intricacies of Islamic inheritance laws, providing authentic verses from the Quran and interpretations to elucidate their application and significance.
The Foundation of Islamic Inheritance Laws
Islamic inheritance laws are based on three primary sources:
1. The Quran: The divine scripture of Islam, providing detailed guidelines on the distribution of wealth.
2. The Hadith: Sayings and practices of Prophet Muhammad (PBUH) that provide context and further explanation of the Quranic injunctions.
3. Fiqh (Islamic Jurisprudence): Scholarly interpretations and rulings derived from the Quran and Hadith.

Quranic Verses on Inheritance
The primary verses that address inheritance in the Quran are found in Surah An-Nisa (Chapter 4). These verses provide a comprehensive framework for the distribution of an individual’s estate after their death.
Surah An-Nisa, Verses 11-12
يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَـٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَآءًۭ فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَٰحِدَةًۭ فَلَهَا ٱلنِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَٰحِدٍۢ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌۭ ۚ فَإِن لَّمْ يَكُن لَّهُۥ وَلَدٌۭ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ ۚ فَإِن كَانَ لَهُۥٓ إِخْوَةٌۭ فَلِأُمِّهِ ٱلسُّدُسُ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصِى بِهَآ أَوْ دَيْنٍ ۗ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًۭا ۚ فَرِيضَةًۭ مِّنَ ٱللَّهِ ۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًۭا ١١
Surah An-Nisa, Verses 11-12
“Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one’s estate.
And if there is only one, for her is half. And for one’s parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third.
And if he had brothers [or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or your children – you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise.”
۞ وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَٰجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌۭ ۚ فَإِن كَانَ لَهُنَّ وَلَدٌۭ فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكْنَ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصِينَ بِهَآ أَوْ دَيْنٍۢ ۚ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌۭ ۚ فَإِن كَانَ لَكُمْ وَلَدٌۭ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكْتُم ۚ مِّنۢ بَعْدِ وَصِيَّةٍۢ تُوصُونَ بِهَآ أَوْ دَيْنٍۢ ۗ وَإِن كَانَ رَجُلٌۭ يُورَثُ كَلَـٰلَةً أَوِ ٱمْرَأَةٌۭ وَلَهُۥٓ أَخٌ أَوْ أُخْتٌۭ فَلِكُلِّ وَٰحِدٍۢ مِّنْهُمَا ٱلسُّدُسُ ۚ فَإِن كَانُوٓا۟ أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَآءُ فِى ٱلثُّلُثِ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصَىٰ بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّۢ ۚ وَصِيَّةًۭ مِّنَ ٱللَّهِ ۗ وَٱللَّهُ عَلِيمٌ حَلِيمٌۭ ١٢
Surah An-Nisa, Verses 12
“And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt. And for them is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt.
And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth.
But if they are more than two, they share a third, after any bequest which was made or debt, as long as there is no detriment [caused]. [This is] an ordinance from Allah, and Allah is Knowing and Forbearing.”
Surah An-Nisa, Verse 176
يَسْتَفْتُونَكَ قُلِ ٱللَّهُ يُفْتِيكُمْ فِى ٱلْكَلَـٰلَةِ ۚ إِنِ ٱمْرُؤٌا۟ هَلَكَ لَيْسَ لَهُۥ وَلَدٌۭ وَلَهُۥٓ أُخْتٌۭ فَلَهَا نِصْفُ مَا تَرَكَ ۚ وَهُوَ يَرِثُهَآ إِن لَّمْ يَكُن لَّهَا وَلَدٌۭ ۚ فَإِن كَانَتَا ٱثْنَتَيْنِ فَلَهُمَا ٱلثُّلُثَانِ مِمَّا تَرَكَ ۚ وَإِن كَانُوٓا۟ إِخْوَةًۭ رِّجَالًۭا وَنِسَآءًۭ فَلِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۗ يُبَيِّنُ ٱللَّهُ لَكُمْ أَن تَضِلُّوا۟ ۗ وَٱللَّهُ بِكُلِّ شَىْءٍ عَلِيمٌۢ ١٧٦
Surah An-Nisa, Verse 176
“They request from you a [legal] ruling. Say, “Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs]. If a man dies, leaving no child but [only] a sister, she will have half of what he left.
And he inherits from her if she [dies and] has no child. But if there are two sisters [or more], they will have two thirds of what he left. If there are both brothers and sisters, the male will have the share of two females. Allah makes clear to you [His law], lest you go astay. And Allah is Knowing of all things.”
Principles of Islamic Inheritance
Islamic inheritance laws revolve around several core principles that ensure fairness and responsibility:
1. Fixed Shares: The Quran specifies fixed shares for certain relatives, ensuring that wealth is distributed systematically.
2. Priority of Obligations: Before the distribution of the estate, debts and funeral expenses must be settled. Additionally, any bequests made by the deceased must be honored, provided they do not exceed one-third of the estate.
3. Gender Considerations: Generally, a male heir receives a share equal to that of two females. This is based on the traditional roles and responsibilities assigned to men in providing for their families.
4. Bequests and Restrictions: While individuals are permitted to make bequests, these cannot infringe upon the fixed shares designated by the Quran. The maximum permissible bequest is one-third of the estate.
Detailed Breakdown of Shares
The inheritance shares are categorized based on the relationship of the heirs to the deceased. Below is a detailed breakdown:
Sons and Daughters
– Sons: Receive a share equal to that of two daughters.
– Daughters: If there are no sons, daughters collectively receive two-thirds of the estate. If there is only one daughter, she receives half of the estate.
Parents
– Mother: Receives one-sixth of the estate if the deceased had children. If there are no children and the deceased had siblings, the mother also receives one-sixth. If there are no children or siblings, the mother receives one-third.
– Father: Receives one-sixth of the estate if the deceased had children. If there are no children, the father inherits as a residuary heir after the fixed shares have been distributed.
Spouses
– Husband: Receives half of the estate if the deceased wife had no children. If there are children, the husband receives one-fourth.
– Wife: Receives one-fourth of the estate if the deceased husband had no children. If there are children, the wife receives one-eighth.

Siblings
– Full and Half-Siblings: If there are no descendants or ascendants, full siblings or those sharing the same mother inherit as specified in Surah An-Nisa, Verse 176.
Contemporary Application and Challenges
While the foundational principles of Islamic inheritance laws remain unchanged, their application in contemporary society presents several challenges. These include:
1.Legal Systems: In some countries, Islamic inheritance laws coexist with secular legal systems, creating potential conflicts and complexities.
2. Financial Assets: Modern financial instruments and assets, such as stocks, bonds, and insurance policies, require careful consideration within the framework of Islamic inheritance laws.
3. Gender Equality: The fixed shares specified in the Quran have sparked debates on gender equality, particularly in societies where women have different roles compared to traditional Islamic contexts.
Conclusion
Islamic inheritance laws, rooted in divine guidance, aim to ensure fairness and responsibility in the distribution of wealth.
The detailed provisions in the Quran and their interpretations in the Hadith form a robust framework that addresses various familial scenarios.
While contemporary challenges exist, the underlying principles of justice and equity continue to guide the application of these laws.
By adhering to these divine instructions, Muslims strive to maintain family harmony, uphold justice, and fulfill their religious obligations, thereby ensuring that the wealth left behind serves the best interests of the surviving family members.
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