Inheritance (Mawarith)

Islamic inheritance law (mawarith or fara'id) is one of the most precisely specified areas of Islamic jurisprudence, with detailed Quranic verses governing shares for each class of heir. Allah Most High says: "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 what he left. And if there is only one, for her is half" (al-Nisa 4:11). The Prophet, peace be upon him, said: "Learn the fara'id and teach it, for it is half of knowledge and it is the first thing that will be forgotten from my community" (Ibn Majah).

Conditions for Inheritance: Three conditions must be present for inheritance to occur: (1) The death of the deceased (muwwarrith) — actual death, legal death declared by a judge, or presumed death; (2) The survival of the heir — the heir must be alive at the time of death, or, for a child in the womb, must be born alive; (3) Knowledge of the relationship that entitles the heir to inherit.

Causes of Inheritance: There are three causes of inheritance: (1) Marriage — a valid marriage contract creates mutual inheritance rights between spouses even if consummation has not occurred; (2) Nasab (blood relationship) — lineal descent through both paternal and maternal lines; (3) Wala' — the relationship between a freed slave and the one who freed him, which is now only of historical relevance.

Impediments to Inheritance: Certain conditions prevent a person from inheriting even if they are otherwise an heir: (1) Deliberate killing of the deceased — one who kills his predecessor does not inherit from him; (2) Difference of religion — a Muslim does not inherit from a non-Muslim and a non-Muslim does not inherit from a Muslim; (3) Slavery.

The Primary Heirs and Their Shares: The Quran specifies fixed shares (fard) for certain heirs: the husband receives one-half (if no children) or one-quarter (with children); the wife receives one-quarter (no children) or one-eighth (with children); the mother receives one-third (no children and no group of siblings) or one-sixth; the father receives one-sixth as a fixed share when the deceased has children; full daughters receive one-half (single) or two-thirds (two or more); full sisters receive one-half (single) or two-thirds (two or more) in the absence of male siblings. Sons and other male agnatic heirs (asabah) take the residue after the fixed shares are distributed.

Principles of Distribution: After debts and the cost of the funeral are paid, the estate is distributed. The fixed-share heirs are paid first, then the residue goes to the asabah (male agnates). If the estate is insufficient for all fixed shares, each share is reduced proportionally (awl). If after distribution a surplus remains and there are no other heirs, it goes back to the closest heirs (radd). The state treasury (bayt al-mal) is the heir of last resort when there are no heirs at all.