General Principles of Inheritance under Muslim Law
General Principles of Inheritance under Muslim Law
1. Introduction
Inheritance in Muslim law is governed mainly by the Quranic injunctions, Hadith, and Ijma (consensus).
It is a fixed system of distribution where shares are pre-determined by religious texts.
The rules are primarily found in Surah An-Nisa (Chapter 4 of the Quran).
Muslim inheritance law differs from other personal laws because of its detailed share system.
2. Key Principles
a) Fixed Shares (Faraid System)
Shares of inheritance are fixed by the Quran.
Certain heirs are entitled to specific shares (e.g., spouse, parents, children).
These are called “Quranic heirs” or “Shari’ah heirs”.
b) Types of Heirs
Sharers: Those entitled to fixed shares.
Residuaries (Asaba): Heirs who inherit the remainder after sharers have received their shares.
Distant kindred (Dhuwul arham): Those who inherit only if no sharers or residuaries are present.
c) Order of Priority
First priority: Sharers receive their fixed shares.
Then: Residuaries receive whatever remains.
If no sharers or residuaries, distant kindred inherit.
d) No Will beyond One-Third
A Muslim can only bequeath one-third of their property by will (wasiyyah).
The rest must be distributed among heirs as per Quranic shares.
Will cannot override fixed shares of heirs.
e) Male and Female Shares
Generally, male heirs get twice the share of females in the same degree of relationship (e.g., son gets twice that of daughter).
This is because males have the obligation to financially maintain the family.
f) Exclusion and Blocking
Certain heirs may be excluded or “blocked” by the presence of closer relatives.
Example: Presence of sons excludes distant male relatives.
3. Basic Shares of Common Heirs
| Heir | Share of Inheritance |
|---|---|
| Husband | 1/4 if wife has children, 1/2 if no children |
| Wife | 1/8 if husband has children, 1/4 if no children |
| Father | 1/6 if child exists, otherwise residuary |
| Mother | 1/6 if child or sibling exists, otherwise 1/3 |
| Son | Residue after sharers; generally double daughter’s share |
| Daughter | Half of son’s share if alone, otherwise shares equally |
4. Example
If a man dies leaving a wife and a son:
Wife gets 1/8th
Son gets the residue (remaining estate)
If a man dies leaving a wife, a son, and a daughter:
Wife gets 1/8th
Son gets twice the daughter’s share
5. Key Case Law
Hajjan Nisa Begum v. Mohd. Ishfaq (1995)
Supreme Court clarified the application of fixed shares and that wills cannot override Quranic shares.
Syed Abdul Rahim v. Syed Hassan (2008)
Court explained the blocking principle and how residuaries take remainder after sharers.
6. Summary Table
| Principle | Explanation |
|---|---|
| Fixed shares | Pre-determined shares in Quran |
| Sharers | Heirs with fixed shares |
| Residuaries | Heirs who get remaining property |
| Male-Female difference | Male gets twice the female’s share |
| Will | Max 1/3 property, cannot override shares |
| Exclusion/blocking | Closer heirs block distant heirs |
7. Conclusion
Muslim inheritance law follows a fixed, divine system focused on fair and predetermined shares to ensure property passes according to Quranic guidelines. It balances family obligations with religious principles.
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