What Is Inheritance in Islam? Learn the Principles of Shariah Wealth Sharing

What Is Inheritance in Islam?

Inheritance in Islam refers to the divinely-ordained system by which a deceased Muslim’s estate is distributed among heirs according to the rules of the Shariah. The purpose of this system is to ensure fair, just and clear sharing of wealth, honoring the rights of heirs, and preventing disputes among family members. Inheritance in Islam is a divinely ordained system with fixed portions and clear rules that every heir is required to follow, not a matter of personal choice.

The term often used is al-farā’id (the fixed shares) and mirāth (inheritance). The foundational source for the law of inheritance in Islam is the Holy Qur’an (notably Surah An-Nisāʾ 4:7-14) and the Sunnah of the Prophet ﷺ. Also, contemporary Islamic-legal commentary emphasizes that one must pay the deceased’s debts and funeral expenses, then execute any valid wasiyyah (will), and afterwards proceed to how to divide inheritance in Islam.

In this article, we will explore the underlying principles of the law of inheritance in Islam, key features such as shares for daughters, what happens if only daughters survive (inheritance in Islam if only daughters), how different schools such as the Hanafi treat daughter inheritance in Islam (inheritance in Islam if only daughters Hanafi), how to divide inheritance in Islam, the role of the Islamic will (Wasiyyah), and practical issues many families face today.

The Principles of the Law of Inheritance in Islam

Divine and fixed shares

One of the core features of the law of inheritance in Islam is that the shares for heirs in many cases are fixed by the Qur’an. For example:

“Allah decrees for you in respect of 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…” (Qur’an 4:11)

Thus, the heirs cannot be completely disinherited by the deceased (except through permissible mechanisms such as a valid will for up to one-third). The law of inheritance in Islam sets up a system of sharers (quota-heirs) and residuaries (those who inherit the residue after quota-heirs) so that the estate is divided in an ordered way.

Coverage of heirs & classes

Islamic inheritance covers a wide spectrum of heirs: children (sons and daughters), parents, spouse(s), and other relatives. The classification includes: the “sharers” (those whose shares are fixed) and “residuaries” (those who take the remainder after fixed shares).

Conditions and impediments

There are certain conditions for inheritance in Islam: the heir must be alive at the time of death (or a foetus meeting conditions). Impediments include being a non-Muslim inheriting from a Muslim (in classical jurisprudence) or murdering the testator intentionally, etc.

Payment of obligations first

Before distribution, certain obligations must be met: funeral expenses, debts of the deceased, any wasiyyah (will) up to one-third of estate may be executed. Only after these are settled does the division according to inheritance in Islam proceed.

The will (Wasiyyah) as complementary

The concept of a will in Islam (often called wasiyyah) allows the deceased to bequeath up to one-third of their estate for non-heirs (or in addition to the heirs) so long as it does not infringe on the fixed shares of heirs. This complements the inheritance system, and a wise person prepares a valid Islamic will to ensure their wishes are honoured.

Justice, fairness and wisdom

Although the specific shares may differ by gender and relationship, the underlying logic in the law of inheritance in Islam focuses on justice, social responsibility, and clarity — not merely equality of shares. Scholars note that the system assumes different obligations (for example, the male’s duty to maintain family) and thus different financial burdens.

How to Divide Inheritance in Islam

To understand how to divide Islamic inheritance, one must go through a sequence:

1. Identify the net estate: subtract debts, funeral costs, expenses, and carry-out a wasiyyah (up to one-third) if it is valid.
2. Identify the heirs: children (sons, daughters), parents, spouse, siblings etc.
3. Allocate fixed shares for Sharers: according to the Qur’an and fiqh rules (e.g., if only one daughter, she takes half; if two or more daughters and no sons, they take two-thirds)
4. Residual distribution: After fixed shares, the residue is distributed to residuary heirs (often male line) according to rules.
5. Special rules by school and context: different fiqh schools (Hanafi, Shafi‘i, Maliki, etc) may have slightly different rules for complex cases.

Example: Basic calculation

Say a deceased Muslim leaves an estate of £300,000, owes debts of £20,000, funeral cost £5,000 – net estate £275,000. Suppose they have one daughter only, no son. Under the rule of inheritance in Islam, the daughter receives half of the estate (since only one daughter) and the remainder (if any) may go to residuary heirs or be distributed as per school.

Specific scenarios

• How to divide inheritance in Islam when there are sons and daughters: The general rule is that each son receives twice the share of each daughter. For example: if a deceased leaves one son and one daughter, the son receives 2/3 and the daughter 1/3 of the portion allocated to children (after other heirs).
• Inheritance in Islam if only daughters: As mentioned above, if the deceased leaves only daughters (no son), then: if there is only one daughter, she receives half; if two or more daughters, they receive two‐thirds.
• Inheritance in Islam if only daughters Hanafi: Under the Hanafi school, there may be additional nuance regarding residual shares (asaba) and how daughters may also act as residuaries if there are no sons, or how granddaughters, etc, are treated. For example, some Hanafi jurists treat daughters as residuaries in presence of fixed-share heirs.
• Daughter inheritance in Islam: More broadly, daughter inheritance in Islam is fully established: daughters have a guaranteed share. They may receive half the share of a son where both are present. The notion that daughters have no share is incorrect.

Special Topics & Salient Features

The Right of a Daughter (Including “only daughters” cases)

Daughter inheritance in Islam is a well-defined feature. When the deceased leaves daughters (with or without sons), the law of inheritance in Islam gives them specific shares:

• If one daughter and no son: the sole daughter receives half.
• If two or more daughters and no son: they collectively receive two-thirds.
• If there is a son, then the son receives twice the share of each daughter.

When referencing “inheritance in Islam if only daughters”, this rule is the primary one. Under the Hanafi school (inheritance in Islam if only daughters Hanafi), the daughters may also step into the role of residuaries if no male residuary is present, and that can affect the division.

The Role of Spouse & Parents

In the law of inheritance in Islam, the spouse and parents also have fixed shares under many scenarios. For example: a surviving spouse may receive 1/8 if there are children, or 1/4 if no children. The mother may receive 1/6 if there are children, or 1/3 if no children.

Residuary Heirs (Asaba) and Their Meaning

After the fixed-share heirs have been given their portions, the residuary heirs (known as asaba) take the remainder of the estate. For example, typically sons are residuaries: if there is a son, after fixed-shares are given, the remainder goes to the son(s). If no son, daughters may become residuaries in some schools (e.g., Hanafi) and take the remainder.

Why are Shares Different?

Some question why, for example, a son receives twice the share of a daughter. The classical explanation is not purely about gender inequality but about differing roles of responsibility in the family: in traditional Islamic juristic reasoning, the son has a financial duty towards his family, whereas the daughter does not have the same financial obligations from inheritance (she may have her own wealth but the husband/male relatives may have maintenance duties). Scholars emphasize that the system is part of a holistic social framework.

The One-Third Wasiyyah (Islamic Will)

A unique feature of the law of inheritance in Islam is the allowance of a wasiyyah (will) for up to one-third of the net estate. The deceased may bequeath up to one-third of the estate to non-heirs (or to heirs in addition to their fixed shares) provided that no injustice is done to the fixed-share heirs and appropriate procedure (witnesses, sound mind) is followed.

This means that in addition to the fixed-share inheritance in Islam, Muslims are encouraged to prepare an Islamic will. This helps with charitable giving, support for relatives who might not have a claim, or furthering charitable causes. For example, one may link this to spiritual practice, such as making a bequest that supports one’s ability to pray Tahajjud late at night: see our guide on how to pray Tahajjud. (Here is a helpful link on how to pray Tahajjud as part of personal spiritual planning.)

Planning, Clarity & Prevention of Disputes

Because the law of inheritance in Islam provides clear rules, it serves to reduce conflict among heirs. Families who disregard these rules or leave ambiguous wills often face disputes. Contemporary practitioners of Islamic estate planning emphasize clarity, documentation, and respect for Shariah-rules.

Legal Implementation & Modern Context

Though the principles remain unchanged, the implementation of inheritance in Islam depends on the legal system of the country. In some Muslim-majority countries, Shariah succession law applies automatically; in others, civil law may override or provide alternative paths. For example, in non-Muslim countries, Muslims may use estate planning tools (Islamic wills) to approximate Shariah outcomes.

Practical Steps for Families & Individuals

Here are some practical steps for anyone wanting to apply the principle of inheritance in Islam in their family:

1. Take inventory of assets: Determine what is in the estate (property, cash, investments, vehicles, etc).
2. Pay off debts and expenses: Funeral costs, outstanding debts, any claims, bequests.
3. Decide and document your Wasiyyah (Islamic will): Up to one-third of the estate can be bequeathed to non-heir beneficiaries (or in addition) provided you respect the fixed-shares. Use formal documentation, ideally witnessed.
4. Identify the heirs: List children (sons, daughters), spouse(s), parents, siblings, etc. Note those who have fixed shares and those who may be residuaries.
5. Use the rules for how to divide inheritance in Islam: Allocate fixed shares first; then distribute the remainder (residue) to residuaries. If daughters only, apply the rule for inheritance in islam if only daughters (one daughter → half; two or more daughters → two-thirds). If only daughters under Hanafi school, check if they also act as residuaries.
6. Consider professional help: Especially where estates are large, heirs are many, or cross-jurisdiction issues apply (e.g., non-Muslim country, foreign property).
7. Communicate with family: Transparency and discussion beforehand can avoid misunderstandings.
8. Update regularly: As family circumstances change (new children, marriages, divorces, deaths), review estate planning and inheritance distribution.

Frequently Asked Questions

Q 1: If I have only daughters, do they inherit?
Yes—inheritance in Islam if only daughters applies: if there is only one daughter and no son, she inherits half of the estate; if there are two or more daughters and no son, they inherit two-thirds.

Q 2: Why does a son get twice the share of a daughter?
Because under the law of inheritance in Islam the son has greater financial responsibility (maintenance of family) whereas the daughter is financially supported by other means; thus the division reflects responsibilities rather than value of personhood. Scholars emphasise this as a holistic framework.

Q 3: What is the maximum I can bequeath via a will (wasiyyah)?
A Muslim may bequeath up to one-third of their net estate (after debts, expenses) via a wasiyyah to non-heirs or in addition to heirs, provided that it does not unfairly harm fixed-share heirs.

Q 4: What about married women? Do wives have a share?
Yes—a surviving wife is entitled to 1/8 of her husband’s estate if he leaves children, or 1/4 if he has no children. Similarly for a husband vs wife.

Q 5: In case of only daughters, what about the residuary (asaba) role under Hanafi law?
Under the Hanafi school, if only daughters are present and no residuary male heirs, the daughters may take the residue after the fixed shares, or share in the residue as residuaries. This nuance means the outcome may differ slightly in practice.

Addressing Misconceptions

• “Women get nothing in Islamic inheritance”: This is false. The law of inheritance in Islam gives daughters fixed shares; they are full heirs. The difference in size of share (son vs daughter) is based on financial obligations rather than value of personhood.
• “I can leave my estate to anyone I like”: Not entirely. You may bequeath up to one-third via a valid will (wasiyyah) to non-heirs. The remaining two-thirds (or more) must be distributed according to the inheritance in Islam.
• “Inheritance rules are outdated”: While some may critique certain aspects, classic Islamic scholars emphasise the system’s wisdom, fairness and social stability, and many modern scholars defend the relevancy of the law of inheritance in Islam.

Why It Matters Today

In contemporary Muslim families (in the UK, US, and worldwide) the topic of inheritance in Islam is increasingly relevant: with mixed-jurisdiction families, assets in different countries, non-Muslim legal systems, blended families, and charitable giving. Correct knowledge of inheritance in Islam helps families plan: preparing an Islamic will, paying rights promptly, avoiding disputes, preserving family ties, and fulfilling religious duty. Organizations such as Islamic Relief UK provide guides on how to calculate inheritance in Islam.

For example, Muslim families in non-Muslim countries might need to integrate Shariah principles with civil estate planning. Understanding how to divide inheritance in Islam, especially scenarios such as “inheritance in Islam if only daughters” or “daughter inheritance in Islam” or “inheritance in Islam if only daughters Hanafi”, ensures rights are recognized.

Summary

Inheritance in Islam is a systematic, principled and divinely mandated scheme for wealth distribution after death. It emphasises fairness, clarity and duty. Key topics are:

• Fixed shares for heirs (sons, daughters, parents, spouse)
• The rule for inheritance in Islam if only daughters (one daughter → ½; two or more daughters → ⅔)
• How to divide inheritance in Islam (pay debts, allocate fixed shares, distribute remainder)
• Nuances in different schools (e.g., inheritance in islam if only daughters hanafi)
• The concept of daughter inheritance in islam (daughters are heirs with rights)
• The role of Islamic will (Wasiyyah) to give up to one-third of estate to non-heirs or additional beneficiaries
• Practical planning steps to avoid conflict and fulfil religious duty

By understanding these principles and applying them with sincerity, families can achieve both legal compliance and spiritual peace. If you’re interested, you may also consult specialised calculators and scholars.