Islamic law of inheritance

How to share Inheritance under Islam law:

Under the Islamic tradition, the rules guiding the distribution of estate of the deceased are carefully laid out in the Shariah and it is applicable to every Muslim. These rules are strict and do not differ from person to person, which is the primary difference between an Islamic will and a conventional will under English law.

Although the fixed shares of one’s wealth are outlined in the Shariah, there are a number of conditions that must be met in each case. It should be noted that bequeathing or ‘gifting’ is also allowed in an Islamic will, provided that certain conditions are also met.

It can be tricky to know where to start when compiling an Islamic will, since the matter is rich in rules and guidelines. Seeking professional advice, services and support is crucial for ensuring that your will is valid.

In Islam, the heirs of a deceased Muslim’s wealth are determined in the Shariah and apply to every Muslim. Moreover, a Muslim is not permitted to distribute their wealth to only a select few of the heirs that are outlined, the heirs and their shares are fixed.

Categories of Primary or Fixed Heirs (Ashab-ul-Furud)

First six primary heirs: The Qur’an specifically outlines those who are in every instance eligible for inheritance. These heirs are: mother, father, wife, husband, daughter, and son.

Parents (father and mother): The amount that parents (father and mother) inherit from their deceased child is typically 1/6 each. However, this can vary under certain circumstances.

Husband or wife: In Islam, a wife is entitled to a quarter share of her husband’s estate upon his passing if she has no children. In the instance that she does have children, she is only entitled to one eighth. If the wife passes, the husband will receive half of the deceased wife’s estate if she has no children, and a quarter share if she does.

Under the English law, if the husband and wife have joint ownership of an estate, the entire ownership of the asset automatically passes to the surviving partner upon the death of the other.

The children (sons and daughters): Under Islamic law, daughters typically inherit half of the share of the son. There are several reasons for this. Most importantly, the law represents her right to inheritance.

The grandparents: In the Islamic tradition, the paternal grandfather may inherit in the absence of a father of the deceased, but a maternal grandfather may not. The paternal grandfather will receive 1/6 of a share in the presence of the following heirs: Son(s), combination of son(s) and daughter(s), male descendant(s) and daughter(s), male and female descendant(s).

In the presence of the following, the paternal grandfather will receive 1/6 + residue: daughter(s), female descendant(s), combination of the daughter(s) and female descendant(s)

Other primary heirs include grandchildren and half-siblings, who inherit in the event that the deceased does not have relatives in the first and second categories.

Secondary or Residual Heirs (Al-Asabat): Secondary or residual heirs inherit where  there are no primary heirs. These include: aunts and uncles, nieces and nephews, other distant relatives.

Other heirs – Distant Relatives (Dhawul-Arham)

Dhawul-Arham or extended family may receive inheritance, only in cases where there are no primary or secondary heirs. These include:

First class heirs: First class heirs are otherwise referred to as Qur’anic heirs. These consist of four males: husband, maternal brother, father, and paternal grandfather

Nine females: Wife, daughter, son’s daughter, mother, paternal grandmother, maternal grandmother, full sister, maternal sister, and paternal sister.

Second class heirs: Residuary relatives in this category only inherit in the event that there are no first-class heirs. These residuary relatives are related to the deceased through the male line only. All residuary are related to the deceased through males only. The residuary relatives are further divided into the following sub-categories: Son(s) or male lineal descendants, father of grandfather of deceased, offspring of father, including full brothers, consanguine brothers, and their male lineage, offspring of grandfather.

Third class heirs: Wealth distributed to third class heirs are a rare occurrence as none of the first or second class heirs will have survived in order for the third class to be eligible. These are considered distant relatives and consist of the following: descendants from daughters, grandparents’ descendants through a female, descendants through parents, descendants through grandparents.

Denying inheritance

The ability to deny inheritance occurs in only very specific circumstances, as there are strict and fixed rules around who is entitled to inheritance, which must be adhered to by every Muslim. A person found guilty of homicide is an example of when inheritance may be denied to an heir, but for every individual case you must seek an expert in the Islamic law to assess your situation and provide a specific ruling.

Obligations and bequests:

Though the rules regarding inheritance are already determined by the Shariah, it is still possible to leave behind gifts (also referred to as bequests). It should be noted that under the Shariah, there is the option to bequeath some of your assets to whomever at your discretion, including, for example, a charity or institution. However, you are only permitted to do so up to a maximum of 1/3 of your total estate, with the remaining 2/3 of your assets divided according to the Shariah.

Pre-inheritance obligations:

When compiling an Islamic will, it is imperative that one factors in the following expenses: making sure that the debts of a Muslim are paid, ensuring that any Kaffarah is paid (any missed fasts/penalty payments – this varies between Islamic schools of thought or Madhhabs), making sure that funeral costs are accounted for.

By doing so the wellbeing of one’s afterlife is assured, as well as the wellbeing and security of the loved ones remaining and the Muslim community at large. Taking care of one’s affairs is a duty upon every Muslim throughout their lifetime as it has a compounding effect on those who remain.

Nuzriah before death

The Nuzriah, or Nazar is a vow that a Muslim can make whilst alive to dedicate part or all of their wealth to another party before their death. An example of this is that of a husband performing Nazar for his house to be gifted to his wife while he is alive, with the intention that it will not be sold and distributed among the legal beneficiaries.

Paying Zakat on inheritance

Once one is in receipt of their inheritance, it is potentially zakatable and the value needs to be looked at alongside any other zakatable wealth. Example of Islamic inheritance distribution

Here’s a simple example of how assets may be divided according to the Shariah between a husband and wife: Upon the demise of a husband: wife 1 12.50% 1/8, son 1 36.11% 13/36, daughter 1 18.06% 13/72, mother 16.67% 1/6, father 16.67% 1/6

Upon the passing of a wife: husband 25.00% ¼, son 1 20.83% 5/24, son 2 20.83% 5/24, mother 16.67% 1/6, father 16.67% 1/6

NB: I wish to acknowledge that the write up on inheritance under Islamic law is the product of research on writings of many scholars and experts in that area of law, to whom this author is grateful. Also acknowledge that some decisions of the appellate courts in Nigeria provided useful insight on this deep and important area of the law of inheritance applicable in many parts of Nigeria.