Law of Islamic Inheritance
Table of Contents
- What is Islamic law about inheritance
- Key Principles and Rules of Islamic Inheritance
- Questions and Answers About Islamic Law of Inheritance
What is Islamic law about inheritance
Islamic law, also known as Sharia law, provides guidelines and principles for various aspects of life, including inheritance. The rules of inheritance in Islamic law are derived from the Quran, the holy book of Islam, and the Hadith, the sayings and actions of Prophet Muhammad.
In Islamic inheritance law, the distribution of assets after a person's death is based on a fixed set of rules to ensure fairness and justice among the heirs. The primary objectives of Islamic inheritance are to fulfill the rights of the deceased and to maintain the stability and well-being of the family.
Key Principles and Rules of Islamic Inheritance
- Compulsory heirs: Islamic law defines certain individuals as "compulsory heirs" who are entitled to a specific share of the inheritance. These heirs include the spouse, children (including both sons and daughters), parents, and, under certain circumstances, the grandparents.
- Shares of inheritance: The Quran specifies fixed shares for each category of heirs. The distribution varies depending on the presence of other heirs. For example:
- The spouse receives a share depending on whether there are children or other heirs.
- Children receive specified shares, with sons generally receiving twice the share of daughters.
- Parents receive a share if there are no children or other heirs.
- Grandparents may receive a share if there are no children, parents, or siblings.
- Residuary estate: After allocating the shares of compulsory heirs, any remaining assets constitute the "residuary estate." The residuary estate can be distributed to other relatives or individuals as directed by the deceased in their will, subject to certain limitations.
- Exclusion of certain relatives: Islamic law excludes certain relatives from inheritance, such as non-Muslim heirs, distant relatives beyond a certain degree, and those who have been explicitly excluded by the deceased.
Questions and Answers About Islamic Law of Inheritance
FAQs about Islamic inheritance
Q1: What is Islamic inheritance?
Ans: Islamic inheritance, also known as "Faraid" or "Islamic law of inheritance," refers to the rules and regulations outlined in Islamic jurisprudence regarding the distribution of a deceased person's assets among their heirs.
Q2: Who is entitled to inherit in Islamic inheritance?
Ans: Islamic inheritance provides specific guidelines on the distribution of assets among a set of eligible heirs, known as "Faraid heirs." These heirs include close family members such as parents, children, siblings, spouses, and sometimes more distant relatives.
Q3: What is the basis for Islamic inheritance rules?
Ans: Islamic inheritance rules are derived from the Quran, the holy book of Islam, as well as from the teachings and practices of the Prophet Muhammad (peace be upon him) known as Hadith.
Q4: How is the inheritance share determined in Islamic inheritance?
Ans: Islamic inheritance follows a predetermined share system, which assigns specific portions of the deceased's estate to each category of heirs. The shares are determined based on predefined ratios mentioned in Islamic law.
Q5: Are men and women treated equally in Islamic inheritance?
Ans: Islamic inheritance laws do not provide equal shares to men and women in all cases. Generally, male heirs receive a larger portion than female heirs, but this disparity is compensated by the broader responsibilities and financial obligations men bear in Islamic society.
Q6: Can a person write a will to distribute their assets differently from Islamic inheritance laws?
Ans: Islamic inheritance laws are considered divinely ordained, and Muslims are encouraged to follow them. However, a person can bequeath up to one-third (or in some cases one-half) of their estate to beneficiaries who are not entitled to a share under the default Islamic inheritance rules. This portion is called the "wasiyyah" or the "will."
Q7: What happens if there are no eligible heirs according to Islamic inheritance laws?
Ans: If there are no immediate or distant eligible heirs, the remaining estate will be allocated for the benefit of the broader Muslim community, such as charity, public welfare projects, or other similar causes.
Q8: Do Islamic inheritance laws apply to non-Muslims?
Ans: Islamic inheritance laws generally apply to Muslims. Non-Muslims are not bound by these laws unless they voluntarily choose to follow them or if there are specific legal provisions in a particular jurisdiction that incorporate Islamic inheritance principles.
It's important to note that Islamic inheritance laws can be complex and vary slightly based on different interpretations within Islamic jurisprudence. It is always advisable to consult with a knowledgeable Islamic scholar or a legal expert well-versed in Islamic inheritance laws for specific cases and situations.
