Islamic Inheritance Law: The Science of Faraid

The Islamic law of inheritance (ilm al-faraid, "the science of obligatory shares") is one of the most precisely defined areas of Islamic jurisprudence. Unlike most areas of fiqh where scholars derive rulings from general principles, the inheritance shares are explicitly stated in the Quran (primarily in Surah al-Nisa, verses 11-12 and 176). The Prophet (peace be upon him) said: "Learn the Faraid and teach it to the people, for it is half of knowledge" (Sunan Ibn Majah). The mathematical precision of Islamic inheritance law has been admired by legal scholars worldwide.

The Quranic Shares

The Quran prescribes six fixed fractional shares: one-half (1/2), one-quarter (1/4), one-eighth (1/8), two-thirds (2/3), one-third (1/3), and one-sixth (1/6). Each share is assigned to specific heirs under specific conditions. For example, a daughter receives half if she is the only child, or two-thirds is shared among daughters if there are two or more and no son. A husband receives one-quarter if his wife had children, or one-half if she had no children. A wife receives one-eighth if her husband had children, or one-quarter if he had no children. The mother receives one-sixth if the deceased had children or two or more siblings, or one-third if there are no children and fewer than two siblings.

Categories of Heirs

Islamic inheritance law recognizes three categories of heirs: ashab al-furud (those with fixed Quranic shares), asabah (residuary heirs who receive what remains after fixed shares), and dhawil-arham (distant relatives who inherit only when there are no ashab al-furud or asabah). The primary fixed-share heirs include: husband, wife, father, mother, daughter, son's daughter, full sister, paternal half-sister, maternal half-siblings, and grandmother. The primary residuary heirs are sons, then grandsons, then the father, then full brothers, then paternal half-brothers, and so on. A key principle is that a male generally receives double the share of a corresponding female heir, reflecting the Islamic obligation on men to financially support their families.

Rules of Exclusion (Hajb)

An important aspect of faraid is the rules of exclusion, where the presence of certain heirs blocks or reduces the share of others. For example, a son completely blocks a grandson from inheriting. A father blocks brothers from inheriting. The mother's share is reduced from one-third to one-sixth by the presence of children or two or more siblings. These rules prevent the estate from being divided into unworkable fractions and ensure that closer relatives take precedence over more distant ones. The science of calculating these shares, including cases of awl (proportional reduction when shares exceed the estate) and radd (return of surplus to heirs), requires detailed mathematical knowledge.

The Wasiyyah (Bequest)

Before the distribution of inheritance shares, two deductions are made: funeral expenses and debts of the deceased, and any valid wasiyyah (bequest) up to one-third of the estate. The Prophet (peace be upon him) said: "Allah has given each person who has a right his right, so there is no bequest for an heir" (Sunan Abu Dawud). This means a person cannot use a bequest to give an additional share to someone who already inherits by Quranic right, unless the other heirs consent. The wasiyyah is a mechanism for a person to benefit non-heirs, such as distant relatives, friends, or charitable causes.