Inheritance in Quran & Hadiths
Surah Al-Nisa 4. Verse 11
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
Surah Al-Nisa 4. Verse 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 the wives 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 him/ her 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 Al-Nisa 4. Verse 13-14
These are the limits [set by] Allah, and whoever obeys Allah and His Messenger will be admitted to gardens [in Paradise] under which rivers flow, abiding eternally therein; and that is the great attainment.
And whoever disobeys Allah and His Messenger and transgresses His limits – He will put him into the Fire to abide eternally therein, and he will have a humiliating punishment
Surah Al-Nisa 4. 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 astray. And Allah is Knowing of all things.
Ibn’ Masud (RA) was asked about the share of a daughter, a son’s daughter and a sister. He said,
“The verdict I will give in this case will be the same as the Prophet did, i.e, 1/2 is for
daughter, and 1/6 for the son’s daughter, i.e, both shares make 2/3 of the total property; and the rest is for the sister.” (Sahih Bukhari, book of Fara’id)
Narrated by Buraydah (RA), Allah’s Messenger appointed a sixth (1/6) to a grandmother if no
mother was left to inherit before her. (Abu-Dawud, Ibn-Majah).
Narrated by Al-Aswad bin Yazid; Mu’adh bin Jabal (RA) came to us in Yemen as a tutor and a
ruler, and we asked him about a man who died leaving a daughter and a sister. Mu’adh (RA) gave the daughter one-half of the property and gave the sister the other half. (Sahih Bukhari, book of Fara’id)
If only surviving heirs are both parents and spouse then spouse gets their fixed share (1/2 for husband or 1/4 for wife), then mother is given 1/3rd of the residue and father is given 2/3rd of the residue. This decision was made by Umar bin Al-Khattab (RA) on opinion of Zaid bin Thabit (RA).
Narrated by Ibn Abbas (RA), The Prophet SAW said: Give the Fara’id (shares of inheritance) to
those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased.” (Sahih Bukhari & Sahih Muslim, book of AL-Fara’id)
In case of excess wealth beyond prescribed shares then options are to give the excess to:
a. Baytul-Maal (Islamic state funds) – On condition is that it is properly administered. This
condition is not fulfilled in most societies, hence the second option is more applicable.
b. Redistribute among the blood relatives, in light of this verse of Quran (33:6); “Blood
relatives are nearer, the one to other, than other believers.” Hence the redistribution is
only among blood relatives. This excludes spouses as they are not from blood lineage.