Devision of inheritance in Islam

Death is inevitable, but the loss of the beloved brakes our hearts into pieces. When the emotions calm down we start to think rationally and the question of the inheritance arise. Rules can vary depending on the religion, we will tell you about inheritance in Islam.

The human body, which has left this world, Islam prescribes to bury, observing particular conditions. First of all funeral expenses should be paid from the property left by the man. After that, all his duties must be returned, if any, were behind him. Then relatives carry out his testament of 1/3 of his assets. What remains after all this is divided among his heirs. Inheritance in Islam has the following distribution.

Islamic inheritance law prescribes three backgrounds for inheritance: kinship, marriage, and Islam. The latter can be explained by the fact that a property is transferred to the general treasury of Muslims, if the person does not have heirs.

Inheritance in Islam for wife

In Islam, if a husband dies, other relatives do not have the right to turn her into the streets, after spouse’s death a wife stays in his house for one year. If the widow leaves the house for personal or other reasons, there is no sin on relatives, if the widow will act in the framework of morality (in accordance with local customs and norms of decency). Thus lined up material and moral protection of widows in the first stage of intra canons. A wife is in the list of the heirs, who inherit the part of the late lamented in any case.

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Male lines for Islamic inheritance

• A male child of the defunct and his male child, grandson, and a great-grandson and such.
• A father, a grandfather, a great-grandfather's brother and such.
• A paternal uncle of the defunct, except maternal uncle.
• A paternal brother and his male child.
• A male child of the uncle on the father’s side.
• A husband of the late wife.

Female lines for Islamic inheritance

• A female child or daughterhood of the defunct.
• A female child of a son or a female child of the defunct’s grandson, or even more.
• A mother of the defunct.
• A grandmother and a great-grandmother of the defunct.
• Sisterhood of the defunct.
• A spouse of the defunct.

Particular proportions in Islamic law of inheritance

1/2 goes to:

• A husband, if the defunct did not have a kid or a grandkid;
• A female child, a granddaughter (of a son);
• A sister or paternal sister, in a case that there is the only one of two.

1/3 goes to:

• A mother, if the defunct did not have offspring or grandchildren, brotherhood or sisterhood;
• A maternal brotherhood or sisterhood.

1/4 goes to:

• A husband, if the defunct had offspring or grandkids;
• A wife, if her defunct husband did not have offspring or grandchildren.

1/6 goes to:

• A father, a grandfather of the defunct, if the defunct had a kid or grandkid;
• A mother, if the defunct has a kid or grandkid, or two or more brothers or sisters;
• A grandmother;
• Sisterhood on the father’s side, if they will live with the sisters of the defunct.

1/8 goes to a wife if there are offspring of the late lamented.

2/3 go to:

• Two or more daughters, if they do not have other brothers, or to granddaughters;
• Two or more sisters from the father’s side.

Forfeiture of right of inheritance due to presence of other heritors

For the above-said heritors, the process of forfeiture of the right of heirdom of distant relatives can change due to the presence of close relatives. Let us try to explain the order of this process. A grandfather loses the right of the heirdom if there is a father of the defunct.

A grandmother loses the right of the heirdom if there is the defunct’s mother, it does not matter whether on the father’s or mother’s side. Likewise, the presence of a near-grandmother makes impossible to inherit property by a great-grandmother.

A grandson (son or daughter) forfeits the right of the heirdom if there is a son of the defunct.

Brothers on all sides (full blood or on the father’s or mother’s sides) do not inherit the property of the defunct if the father of the defunct is alive, the same as his male child and grandson. The kids of the defunct’s brother (full blood or on the father’s or mother’s sides) lose the right of the heirdom if there is a father, a grandfather, a male child, a grandson (a male child of a son), a full blood brother and his brother's on the father’s sides.

A full blood brother and a brother on the father’s side of the father do not inherit the property of the defunct if there are a father, a grandfather, a grandson (a male child of a son), a full blood brother and a brother on the paternal side, a full blood brother’s male child, a full blood sister, in case that a son’s female child lives with her, a female child on the father’s side, if she lives with a female child of the defunct.

Heritors, who in any case receive the inheritance, are the parentage, the offspring of the defunct and one of the spouses.

How to calculate inheritance in Islam?

Not to get confused in all these relatives’ ties an Islamic inheritance calculator was created. It is a very comfortable tool, you can find on the Internet and use free, or you can download an excel file and use it. There you can find the relative names and their qualifications. It is very easy to use, just choose the category of the relatives, fill in a special tab number of the certain relatives, click on “Calculate Inheritance” and the program, based on the inheritance in Islam, Quran, will calculate the percentage of the inheritance for each heir.

Of course, it is obvious, that all these should be in compliance with the law of the country, in order not to have extra legal problems after a person’s death.

Hope that this article was useful for you. Take care of your family and yourself.

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